National Green Tribunal
Mrs Almitra H Patel vs Union Of India on 7 March, 2017
Author: Swatanter Kumar
Bench: Swatanter Kumar
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 199 of 2014
And
Original Application No. 61 of 2017
(Earlier OA No. 199 of 2014)
And
Original Application No. 281 of 2016
(M.A. No. 1007/2016)
IN THE MATTER OF:
Almitra H. Patel & Anr. Vs. Union of India & Ors.
&
Kudrat Sandhu Vs. Govt. of NCT & Ors.
CORAM : HON'BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. AJAY A DESHPANDE, EXPERT MEMBER
Present: Applicant : Mr. Arun Monga and Mr. Suryajyoti Singh Paul, Adv.
Respondent Mr. Gautam Singh and Mr. Rudreswar Singh, Advs.
for State of Bihar and Bihar SPCB Mr. Vijay Panjwani, Adv. for CPCB Ms. Priyanka Sinha, Adv. for State of Jharkhand Ms. K. Enatoli Sema, Adv. for the State of Nagaland and Pollution Control Board Mr. R. Rakesh Sharma, Adv. for State of TN & TNPCB Mr. Pradeep Misra and Mr. Daleep Dhyani, Adv. For Uttar Pradesh Pollution Control Board Ms. Deep Shikha Bharati, Adv. for Ministry of Environment, Forest and Climate Change Dr. Abhishek Atrey and Mr. Vikas Malhotra, Adv. for Ministry of Environment, Forest and Climate Change Dr. Abhishek Atrey, Adv. for UT of Lakshadweep Mr. Abhishek Yadav, Adv. for State of Uttar Pradesh Mr. Shuvodeep Roy, Mr. Sayooj Mohandas, Advs. for State of Assam & PCB Assam Mr. S. Sukumaran, Mr. Anand Sukumar and Mr. Bhupesh Kumar Pathak, Advs. for Municipal Corporation of Gr. Mumbai Ms. Hemantika Wahi, Adv. ad Ms. Puja Singh, Adv. for State of Gujarat and GPCB Mr. S. S. Rebello and Mr. Debarshi Bhuyan, for State of Goa Mr. D.K. Thakur, AAG and Ms. Seema Sharma, DAG for State of Himachal Pradesh Mr. Jogy Scaria, Adv. for Kerala State Pollution Control Board Mr. Nishe Rajen Shonker and Mr. Abraham Mathews, Adv. for State of Kerala Mr. Anil Grover, AAG with Mr. Rahul Khurana Adv. for State of Haryana and Haryana Pollution Control Board Mr. P. Venket Reddy, Adv. with Mr. Prashant Tyagi, Adv. for State of Telangana Mr. Joydeep Mazumdar and Mr. Parijat Sinha, Advs. for State of West Bengal Mr. G. M. Kawoosa, Adv. for State of J & K Mr. Edward Belho, ASG and Ms. Elix Gangmei, Adv. for State of Nagaland Mr. Guntur Prabhakar and Mr. Guntur Pramod Kumar, Advs. for State of AP Mr. Shibashish Misra, Adv. for State of Odisha Mr. Amit Agarwal, Adv. for West Bengal/Pollution Control Board Mr. Shubham Bhalla, Adv. for Chandigarh Administration and Punjab Pollution Control Board Mr. A.K. Panda and Mr. M. Paikaray, Advs. for Odhisha SPCB Mr. Anil Soni, AAG and Mr. Naginder Benipal, Adv. and Ms. Richa Kapoor, Adv. for Punjab and PPCB Mr. Tayenjam Momo Singh, Adv. for Meghalaya SPCB Mr. Anil Shrivastava, Mr. Rituraj Biswas and Ms Sujaya Bardhan, Advs. for State of Arunachal Pradesh 1 Ms. Aruna Mathur, Mr. Avneesh Arputham, Mr. Amit Arora and Mr. Anuraha Arupatham, Advs. for State of Sikkim.
Mr. Rajiv Bansal, Mr. Kush Sharma and Mr. Anirudh Chadha, Advs. for Delhi Development Authority Mr. Tarunvir Singh Khehar, Ms. Guneet Khehar and Mr. Charan Jeet Singh, Advs.
Ms. Yogmaya Agnihotri, Adv. for CECB Mr. Sarthak Chaturvedi and Mr. Shubham Jaiswal, Advs. for Andaman & Nicobar Island Mr. V. K. Shukla and Ms. Vijay Laxmi, Advs for State of M. P. Mr. Abhimanyu Garg and Ms. Preety Makkar, Advs. for UT of Puducherry Ms. Aprajita Mukherjee, Adv. for State of Meghalaya Mr. Pragyan Pradip Sharma and Mr. Anandini Kumari, Advs. for State of Mizoram Mr. Balendu Shekhar and Mr. Vivek Jaiswal, Adv. for East Delhi Municipal Corporation, Mr. Jayesh Gaurav, Adv. for JSPCB Mr. Sapam Biswajit Meitei and Mr. Naresh Kumar Gaur, Advs. for State of Manipur Mr. Sanchar Anand, Adv. for Department of Housing & Urban Development Punjab Mr. Birja Mahapatra, Adv. and Mr. Dinesh Jindal, LO for Delhi Pollution Control Committee Mr. B.V. Niren, Adv. for MoUD Mr. Mandeep Kalra, Adv. for M/s Karanjawala & Co. Mr. Nikhil Nayyar and Ms. Smriti Shah, Advs. for APPCB and Telangana State Pollution Control Board Mr. Anchit Sharma and Mr. Satamita Ghosh, Advs. for Delhi Cantonment Board Mrs. D. Bharathi Reddy, Adv. for State of Uttarakhand Mr. Advitiya Awasthi, Adv. for Mr. Gopal Singh, AOR, Ms. Varsha Poddar, Adv. for State of Tripura and TSPCB Mr. Gopal Singh, Mr. Rituraj Biswas and Ms. Varsha Poddar, Advs.
Ms. Sakshi Popli, Advs. for NDMC & DJB Mr. Mukesh Verma and Mr. Bikash Kumar Sinha, Advs.
Mr. Sunny Choudhary, Advs. for MPPCB Mr. Rajul Shrivastav, Adv. for MPPCB Mr. Harish Sharma, Adv. for State of Chattishgarh Date and Orders of the Tribunal Remarks Item No. 06 to 08 The Learned Counsel appearing for Central Pollution March Control Board prays for further time to comply with the 07, 2017 directions of the Tribunal. The Learned Counsel appearing ss for Central Pollution Control Board submits that only 16 States has complied with the directions of the Tribunal and have submitted the Status Report to the Board. The State Governments which had not furnished Status Report to Central Pollution Control Board should furnish the same within one week from today. If they file the State Report before the Tribunal, copy thereof should be provided to Central Pollution Control Board within the said period. The Learned Counsel appearing for Central Pollution Control 2 Board shall then ensure that there is complete compliance Item No. 06 to 08 of the order of the Tribunal before 09th March, 2017. The March Central Pollution Control Board is at liberty to fix up the 07, 2017 ss cut-off date.
In the meanwhile, we direct that the members of the Committee appointed by our order dated 10th January, 2017 to be present in the Tribunal on Friday i.e. on 10th March, 2017 at 03:00 PM in Conference Hall of the NGT. This direction has been necessitated in view of the fact that the report prepared by the Committee require essential information for Tribunal to pass final orders in that behalf.
The Additional Secretary, Ministry of Environment, Forest and Climate Change shall submit list of inspections conducted with the reports, if possible by Thursday i.e. 09th March, 2017.
List these matters for directions on 10th March, 2017 in Conference Hall of NGT at 03:00 P.M. and for arguments before the Court on 11th April, 2017.
.............................................,CP (Swatanter Kumar) ............................................,JM (Raghuvendra S. Rathore) ............................................,EM (Dr. Ajay A Deshpande) 3