Supreme Court - Daily Orders
Nizamuddin West Association vs Union Of India on 21 October, 2022
Bench: D.Y. Chandrachud, Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No 3465 of 2022
Nizamuddin West Association .... Appellant(s)
Versus
Union of India & Ors ....Respondent(s)
ORDER
1 This appeal arises from an order dated 27 January 2021 of the National Green Tribunal1 in OA No 6 of 2012.
2 The issue which was considered by the NGT pertained to the rejuvenation of the river Yamuna through the execution of the directions contained in a previous order dated 13 January 2015 and subsequent orders, including those dated 8 May 2015 and 7 December 2017. The NGT also noted that certain directions had been issued by this Court.
3 In this backdrop, the NGT directed that the Chief Secretary, NCT of Delhi, in coordination with other authorities such as the Additional Chief Secretary, Urban Development, DDA, IDMC, DPCC and DJB and the Chief Secretaries of Haryana and Uttar Pradesh, may personally monitor the progress by providing an Signature Not Verified Digitally signed by effective administrative mechanism to handle the grim situation of the river CHETAN KUMAR Date: 2022.10.31 16:57:23 IST Reason: caused by years of neglect. The NGT has issued certain ancillary directions for 1 “NGT” 2 monitoring. However, the NGT has disposed of the OA at that stage. 4 Pursuant to the issuance of notice by this Court on 25 April 2022, the Union of India has been represented by Ms Aishwarya Bhati, Additional Solicitor General. 5 We have heard Ms Mugdha, counsel appearing on behalf of the appellant and Ms Aishwarya Bhati, Additional Solicitor General. 6 In our considered view, having regard to the previous directions which have been issued by the NGT for monitoring the steps to be taken for cleaning of the river Yamuna, the ends of justice require that the matter be monitored by the NGT.
7 Ms Aishwarya Bhati has stated that the Ministry of Jal Shakti has been filing status reports before the NGT.
8 In order to facilitate judicial oversight by an expert adjudicating body, we request the NGT to monitor the matter and compliance of its orders at periodic intervals. To facilitate this process, we set aside the direction contained in the impugned order dated 27 January 2021 for the disposal of the application. OA No 6 of 2012 shall continue to remain on the file of the NGT. The NGT shall list the OA at an early date so that necessary directions can be given so as to enable it to assess the status of compliance with its previous orders and for considering whether any further orders are necessary to meet the exigencies of the situation.
9 The appeal is disposed of in the above terms. 3 10 Pending application, if any, stands disposed of.
…..…..…....…........……………….…........J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….…........J. [Hima Kohli] New Delhi;
October 21, 2022
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4
ITEM NO.38 COURT NO.2 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).3465/2022
NIZAMUDDIN WEST ASSOCIATION Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(WITH IA No. 160283/2021 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 160282/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 160281/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 160280/2021 - PERMISSION TO FILE LENGTHY LIST OF DATES) WITH C.A. No. 1629/2022 (XVII) (WITH IA No. 61790/2022 - APPLICATION FOR PERMISSION, IA No. 28690/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 146203/2022 - EXEMPTION FROM FILING O.T.) Date : 21-10-2022 These appeals were called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE HIMA KOHLI For Appellant(s) Ms. Mugdha, Adv.
Ms. Amiy Shukla, AOR Mr. Shakti Vardhan, Adv.
Mr. Akash Vashishtha, Adv. Mr. Arun Nagar, Adv.
Ms. Neelam Singh, AOR For Respondent(s) Ms. Aishwarya Bhati, ASG Ms. Ruchi Kohli, Adv.
Ms. Swarupama Chaturvedi, Adv. Mr. Amit Sharma (B), Adv. Mr. Rajan Kr. Chourasia, Adv. Mr. Gurmeet Singh Makker, AOR Mr. Praveen Swarup, AOR Mr. Ameet Singh, Adv.
Dr. Joginder Singh Berwal, Adv. Mrs. Mini Gangadharan, Adv.5
Mr. Hari Sapteshwar, Adv. Mr. Dawneesh Shaktivats, Adv.
Mrs. Niranjana Singh, AOR Mr. Avijit Roy, AOR Mr. Ashwani Kumar, AOR Mr Pradeep Misra, AOR Mr Daleep Dhyani, Adv.
Mr. Manoj Kumar Sharma, Adv.
UPON hearing the counsel the Court made the following O R D E R Civil Appeal No(s).3465/2022 1 The appeal is disposed of in terms of the signed order.
2 Pending application, if any, stands disposed of.Civil Appeal No. 1629/2022
1 None appears on behalf of the State of Uttar Pradesh.
2 We permit the appellant to serve the Standing Counsel for the State of Uttar Pradesh.
3 List the appeal on 7 November 2022.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) DEPUTY REGISTRAR ASSISTANT REGISTRAR (Signed order is placed on the file)