Cognizance of offence u/s 15 of ep act 1986
Jaigopal Soni
(Querist) 28 June 2015
This query is : Resolved
Respected Experts,
I am in a urgent need of opinion on the matter of illegal operation of power generation units and construction of residential colony for the same by state undertaking power company. Brief discussion on the matter is that "2x500 MW Marwa Tendubhata Thermal Power Project has started generation without obtaining "Consent to Operate" under section Air/Water (Prevention and Control of Pollution) and also constructed the residential colony without prior Environment Clearance as per EIA Notification 20006. Environment Clearance accorded for units also expired on 05.02.2013 and has not been extended by Regulatory Authority of MOEFCC.
This violation of generation without "CTO" and construction without prior EC from Chhattisgarh Environment Conservation Board has already been informed to Principle Secretary Housing and Environment Department, Secretary MOEFCC and Secretary SPCB and SEIAA but they have not issued any notice or has registered any criminal complain in the court of First Class Magistrate under section 19(a).
Information and request for action under section 19(a) and 5 of EP Act was requested through official of competent authorities and notice under section 19(b) was also sent by email will it be accepted.
what are remedy available to compel officer of SPCB/CECB to register complain u/s 19(a) in court and stop illegal generation and construction
Jaigopal Soni
(Querist) 07 November 2016
In continuation to earlier issue and violation of Environment Protection Act and it's provisions I sent legal notice under section 19 (b) before filling complain in CJM court janjgir for taking cognizance of offense. Finally filed complain at CJM court and and few month after filling complaint filled an appeal against EC issued in National Green Tribunal Bench Bhopal to quash EC and pass further orders.
CJM court rejected my complaint under section 19 (b) of Environment Protection Act 1986 by saying that matter is not maintainable as already approached National Green Tribunal Bench Bhopal.
What remedies are available to me?
Jaigopal Soni
(Querist) 07 November 2016
In continuation to earlier issue and violation of Environment Protection Act and it's provisions I sent legal notice under section 19 (b) before filling complain in CJM court janjgir for taking cognizance of offense. Finally filed complain at CJM court and and few month after filling complaint filled an appeal against EC issued in National Green Tribunal Bench Bhopal to quash EC and pass further orders.
CJM court rejected my complaint under section 19 (b) of Environment Protection Act 1986 by saying that matter is not maintainable as already approached National Green Tribunal Bench Bhopal.
What remedies are available to me?
Jaigopal Soni
(Querist) 07 November 2016
In continuation to earlier issue and violation of Environment Protection Act and it's provisions I sent legal notice under section 19 (b) before filling complain in CJM court janjgir for taking cognizance of offense. Finally filed complain at CJM court and and few month after filling complaint filled an appeal against EC issued in National Green Tribunal Bench Bhopal to quash EC and pass further orders.
CJM court rejected my complaint under section 19 (b) of Environment Protection Act 1986 by saying that matter is not maintainable as already approached National Green Tribunal Bench Bhopal.
What remedies are available to me?
Rajendra K Goyal
(Expert) 07 November 2016
How are you concerned?
What are the sources of information?
Can consult senior lawyer and explore scope of filing public interest litigation.
