The principal bench of NGT headed by its chairperson Justice Swatanter Kumar said it was clear that Bareilly MSWM had not obtained the requisite consent and authorisation from the state Pollution Control Board (PCB) and was also not having the approval of central PCB on the art of the technology adopted.
The bench said pollution was being caused by disposal of leachate in an unscientific manner.
It added that rules and regulations are binding on all, and in the name of public welfare Bareilly MSWM cannot be permitted to operate the plant in violation of the rules.
"Larger public interest and public health must take precedence..." the bench said.
The bench passed the order on several applications filed by the residents of affected villages in Bareilly, farmers of villages Razau Paraspur and Nariyawal and the Invertis University, seeking to restrain Bareilly MSWM and M/s AKC Developers Ltd from operating the plant without obtaining environmental clearance.
The pleas had also sought to restrain them from raising fresh construction on the site of the plant.
The bench said, "The reports submitted by the joint inspection team of Uttar Pradesh PCB and central PCB establish that there are various deficiencies which would result in causing pollution and in spite of the duration of the dispute, the deficiencies were not cured.
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