Supreme Court - Daily Orders
M/S Vivekanand Ashram Society vs Krishan Lal Gera on 30 October, 2017
Bench: Madan B. Lokur, Deepak Gupta
1
ITEM NO.8 COURT NO.4 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).6896/2015
M/S VIVEKANAND ASHRAM SOCIETY & ANR. Appellant(s)
VERSUS
KRISHAN LAL GERA & ORS. Respondent(s)
Date : 30-10-2017 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Appellant(s) Mr. Jayant Bhushan, Sr. Adv.
Mrs. Vanita Bhargava, Adv.
Mr. Ajay Bhargava, Adv.
Ms. Shweta Kabra, Adv.
for Khaitan & Co.
For Respondent(s) Mr. Anil Grover, AAG
Ms. Noopur Singhal, Adv.
Mr. Satish Kumar, Adv.
Mr. Sanjay Kumar Visen, AOR
Mr. Merusagar Samantaray, Adv.
Mr. S.S. Shamshery, Adv.
Ms. Lhingneivah, Adv.
Ms. Viddusshi, Adv.
Mr. Neeraj Kumar, Adv.
Mr. Gurmeet Singh Makker, AOR
Mr. Gaurav Sharma, AOR
Mr. Aviral Dhirendra, Adv.
Mr. R. C. Kaushik, AOR
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified The National Green Tribunal had issued a series of Digitally signed by SANJAY KUMAR Date: 2017.10.31 directions against the appellants with regard to the 14:59:18 IST Reason:
Super-Specialty Hospital established by the appellants as 2 well as the Harijan Residential School.
The appellants were aggrieved by the directions issued by the National Green Tribunal and, accordingly, the present appeal was filed.
On 14th September, 2015, there was a stay of the order passed by the National Green Tribunal, until further orders.
We have seen the directions given by the National Green Tribunal and some of them which pertain to environmental issues appear, prima facie, to be innocuous.
The principal direction is with regard to setting up a Committee consisting of the following persons to ascertain the status of the two projects which have been established by the appellants:
1. Secretary, Environment, Government of the State of Haryana.
2. Member Secretary, Central Pollution Control Board.
3. Senior Scientist from MoEF.
4. Senior Scientist from C.P.C.B.
5. Prof. from Delhi Technological University (Department of Environmental Engineering)
6. Chairman, SEAC, State of Haryana that made the recommendations.
7. Chief Engineer of the Municipal Corporation of 3 Faridabad.
8. Chief Engineer of HUDA.
In our opinion, there is a useful purpose served by setting up a Committee. The Committee would be in a position to explain and report whether the terms of the environmental clearance granted to the appellants have been adhered to.
Accordingly, in partial modification of the interim order passed on 14th September, 2015, we constitute the Committee as directed by the National Green Tribunal consisting of the following persons:
1. Secretary, Environment, Government of the State of Haryana.
2. Member Secretary, Central Pollution Control Board.
3. Senior Scientist from MoEF.
4. Senior Scientist from C.P.C.B.
5. Prof. from Delhi Technological University (Department of Environmental Engineering)
6. Chairman, SEAC, State of Haryana that made the recommendations.
7. Chief Engineer of the Municipal Corporation of Faridabad.
8. Chief Engineer of HUDA.4
The Committee will inspect the Super-Specialty Hospital as well as the Harijan Residential School and submit a comprehensive report to this Court and indicate the following:
(i) Whether the appellants have set up all anti-pollution devices and whether they are in place or not.
(ii) Whether the appellants are capable of dealing with hazardous waste, municipal solid waste, bio-medical waste and restrictions in relation to water and air pollution in their premises.
(iii) Whether the conditions that have been imposed by SEAC/SEIAA have been complied with or not.
(iv) Whether the source of water for the project has the permission of the Central Ground Water Authority.
(v) Whether the appellants are regulating and reutilizing the effluents that are released from the premises.
(vi) Whether the standards for hygiene and measures taken for environmental protection, discharge of sewage, domestic waste and other effluents are in place and whether they are functional.
The report be submitted within a period of six weeks from today.
5List the matter immediately thereafter. The appearing parties may file their affidavits in the meanwhile.
(SANJAY KUMAR-I) (KAILASH CHANDER)
AR-CUM-PS COURT MASTER