Environmental Law & NGT
Given Uttarakhand’s unique ecology and highly sensitive geography, commercial operations within the state are subject to the strictest environmental scrutiny in the country. From manufacturing units in SIDCUL to hospitality ventures near the Ganga and Corbett regions, a single regulatory notice can halt business operations entirely.
Khokher Advocates provides aggressive, highly technical defense for corporate entities, real estate developers, and heavy industries before the National Green Tribunal (NGT) Principal Bench, the Uttarakhand Pollution Control Board (UKPCB), and the High Court of Uttarakhand.
NGT Litigation & Corporate Defense
When the NGT takes suo motu cognizance of an issue or when environmental activists file Original Applications (OAs) targeting commercial projects, the financial stakes are staggering. We defend businesses against:
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Environmental Compensation: Challenging arbitrary and mathematically flawed “Environmental Compensation” fines levied for alleged pollution or non-compliance.
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Closure & Demolition Orders: Securing urgent relief against NGT-mandated closure orders, especially for hotels, ashrams, and factories operating near rivers, forest buffer zones, and eco-sensitive zones.
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Clearance Disputes: Defending the validity of Environmental Clearances (EC) for large-scale real estate, mining, and infrastructure projects.
UKPCB Regulatory Actions
The UKPCB frequently acts on NGT orders by issuing immediate operational halts. We manage crisis litigation and statutory appeals regarding:
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Consent to Operate (CTO) & Establish (CTE): Challenging the wrongful rejection, suspension, or revocation of mandatory consents under the Water Act, 1974, and the Air Act, 1981.
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Show-Cause Notices: Formulating robust legal and technical replies to aggressive Section 5 (Environment Protection Act) closure notices and directions.
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Waste Management Violations: Defending hospitals, municipalities, and industries against alleged violations of Solid Waste, Bio-Medical, and Hazardous Waste Management Rules.
High Court Writ Jurisdiction
While the NGT acts as a highly specialized forum, it is a statutory tribunal bound by strict jurisdictional limits. When the UKPCB bypasses mandatory statutory procedures, or when the NGT passes orders in violation of natural justice, we invoke the constitutional writ jurisdiction of the Uttarakhand High Court. We routinely file high-impact writ petitions to stay coercive executive actions, unfreeze bank accounts attached for environmental fines, and quash ultra vires regulatory directions.
