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Nagar Palika Parishad, Vrindavan vs Madhumangal Shukla on 21 January, 2019

Bench: D.Y. Chandrachud, Hemant Gupta

                                                                 1

                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL APPELLATE JURISDICTION

                                       CIVIL APPEAL NOs.                       OF 2019
                                                                     (D. No.38773/2016)


                         NAGAR PALIKA PARISHAD, VRINDAVAN                & ORS.                APPELLANT(s)

                                                            VERSUS

                         MADHUMANGAL SHUKLA & ORS.                                             RESPONDENT(s)



                                                          O R D E R

Delay condoned.

The National Green Tribunal, by the orders impugned in these proceedings, issued costs for non-compliance with its previous orders in regard to regulating the dumping of municipal waste at Vrindavan and on the banks of the Yamuna.

During the course of the hearing of these proceedings, the appellants were directed to file a status report on the status of compliance and to deposit in this Court the costs which were awarded. In pursuance of the directions issued by this Court, deposit has been effected. Apart from this, an affidavit has been filed on behalf of the Nagar Palika Parishad, Vrindavan and by the Municipal Commissioner of the Nagar Nigam Mathura- Signature Not Verified Vrindavan.

SANJAY KUMAR Date: 2019.01.23 19:01:04 IST Reason: The issue as to whether there has been effective compliance of the orders passed by the National Green Tribunal should be monitored by the Tribunal. The  2 Tribunal would be in a position to issue effective directions, apart from those which have already been issued, if there is any lacuna or shortfall. Since the Nagar Palika Parishad and the Municipal Commissioner have filed status reports in these proceedings, these may be taken into account by the Tribunal in deciding whether there has been compliance. The costs which have been deposited in this Court with accrued interest, if any, shall be transferred by the Registry to the National Green Tribunal. The Tribunal, based on its determination of the steps taken to comply with the orders passed by it from time to time, would be at liberty to issue directions to govern the costs so deposited.

The appellants shall file an up-to-date status report before the Tribunal within a period of four weeks from today.

We request the Tribunal to take up the matter thereafter to monitor compliance. The appeals are accordingly disposed of.

.............................J. (DR. DHANANJAYA Y. CHANDRACHUD) .............................J. (HEMANT GUPTA) NEW DELHI JANUARY 21, 2019  3 ITEM NO.4 COURT NO.11 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 NOs. OF 2019 (D. No.38773/2016) NAGAR PALIKA PARISHAD, VRINDAVAN & ORS. Appellant(s) VERSUS MADHUMANGAL SHUKLA & ORS. Respondent(s) (WITH APPLN.(S) FOR CONDONATION OF DELAY IN FILING AND REFILING) Date : 21-01-2019 This appeal was called on for hearing today. CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Appellant(s) Mr. Vinay Garg, AOR Mr. Uday Singh, Adv.

Mrs. Deepam Garg, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.

The appeals are disposed of in terms of the signed order.

Pending application, if any, stands disposed of.

          (SANJAY KUMAR-I)                     (SAROJ KUMARI GAUR)
             AR-CUM-PS                            COURT MASTER

(Signed order is placed on the file)