Uttarakhand High Court Issues PIL Notice Against Plastic Recycling Plant In Residential Area

The Uttarakhand High Court has issued a Notice of Public Interest Litigation (PIL) against the unauthorized and unlawful operation of a private respondent plastic recycling plant.

The petitioner, one Sandeep Kumar, claimed that private sponsors were operating their recycling plants in a residential area without obtaining the required permission/consent from the State Pollution Control Board and other authorities. The operation of the factories causes toxic pollution in the residential area and seriously endangers the lives of the residents, including the petitioner.

The petitioner has logged the closure notices issued by the National Pollution Control Board to private respondents on 30.09.2021.

Counsel for the claimant argued that despite these notices, the factories continue to operate unabated.

It is stated by Uttarakhand Pollution Control Board Solicitor, Roorkee that after these closure notices were issued on 30.09.2021, these notices were suspended to allow private responders to comply with the control standards of the pollution.

In response to the question from the divisional bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe that the said units can be managed in a residential area, Uttarakhand Pollution Control Board Counsel Roorkee, said the units cannot be run in a residential area.

In the aforementioned context, even if the private defendants were to install the necessary equipment to control air and noise pollution in the area, it appears, prima facie, to the Court that the said units cannot be operated in a residential area, and should be moved to another location where such activity is permitted.

Accordingly, the Court gave notice to the respondents and directed them to file counter affidavits.

The bench released the case on 03.08.2022 for rehearing.