Order of the National Green Tribunal (Central Zone Bench, Bhopal) in the matter of Prateek Bhosle Vs State of Madhya Pradesh & Others dated 13/10/2023.

The applicant has  highlighted the violation of guidelines No. 3.4 of the Guidelines for Compliances of Environmental Norms by road eateries, restaurants and other establishments issued by the Central Pollution Control Board (CPCB), where it has been mentioned that every roadside eateries, restaurant and establishments require consent to establish and operate their restaurants from the concerned State Pollution Control Board.

The restaurants are operating without the CTE/CTO as required from statutory authorities. These restaurants are using coal and wood for tandoor as fuel without proper ducting/hood arrangement and proper exhaust system. In addition they are violating Solid Waste Management Rules, 2016 by disposing of unprocessed solid waste in open and discharging their unprocessed effluent directly into the sewer.

The NGT said a substantial issue of environment has been made and directed notice be issued to the state of Madhya Pradesh through Collector, Bhopal; Municipal Corporation, Bhopal; Madhya Pradesh Pollution Control Board and around 13 restaurants. The Tribunal also directed a three member committee to file a report on the matter.

The court observed that even though various letters and requests had been issued to the restaurants and the Municipal Commissioner, no action had been taken. Therefore, the court directed the Municipal Commissioner, Bhopal to submit the explanation as to why the action has not been initiated on the basis of the reports submitted by the SPCB and under what authority these restaurants are functioning without the requisite consent.