National Green Tribunal
Vikas Kumar vs State Of Haryana & Ors on 23 February, 2023
Item No. 4 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 581/2022
Vikas Kumar ...Applicant
Versus
State of Haryana & Ors. ...Respondents
Date of hearing: 23.02.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None for the applicant.
Respondents: Mr. Rahul Khurana, Advocate for Respondents No. 1
to 4.
Mr. Sahil Khurana, Advocate (through VC) and Mr.
Narender Pal Singh, Advocate for Respondent No. 5-
the Project Proponent
Mr. Raj Panjwani, Senior Advocate, Amicus Curie.
Application is registered based on a letter petition received by Post.
ORDER
1. In compliance to order dated 21.11.2023, replies/response have been filed by Respondent No. 3-HSPCB vide email dated 27.11.2023 and by Respondent No. 4-Deputy Commissioner, Sonipat vide email dated 30.01.2023.
2. Vide order dated 21.11.2022, copy of the policy framed by the Haryana Government regarding permissibility of construction of temporary bridges across river Yamuna was ordered to be filed. However, copy of the same has not been placed on record with the replies filed by Respondents No. 3 and 4.
O. A. No. 581/2022 Vikas Kumar vs. State of Haryana & Ors. -2-
3. Learned Counsel for Respondents No. 1 to 4 has submitted that reply on behalf of Respondent No. 1 is ready and will be filed in the Registry along with the copy of the policy framed by the Haryana Government regarding permissibility of construction of temporary bridges across river Yamuna today.
4. Reply/response on behalf of Respondent No. 1 along with all requisite documents be filed today in the Registry as undertaken.
5. Learned Amicus Curie Mr. Raj Panjwani, Senior Advocate has submits that copies of the replies filed by Respondents No. 3 and 4 and the policy framed by the Haryana Government were not made available to him. Copies of the replies filed by Respondents No. 3 and 4 and reply on behalf of Respondent No. 1 along with all requisite documents to be filed today be supplied to learned Amicus Curie.
6. In view of the facts and circumstances of the case and nature of questions involved, we are of the considered view that presence of the MoEF&CC and the Ministry of Jal Shakti, Government of India is essential for just and proper decision of the questions involved in the case. Accordingly, the MoEF&CC and the Ministry of Jal Shakti, Government of India are ordered to be impleaded as Respondents No. 6 and 7.
7. The Registry is directed to issue notices to Respondents No. 6 and 7 along with copies of the application, report of the Joint Committee, replies and documents attached with the same.
8. List for further consideration on 22.03.2023. O. A. No. 581/2022 Vikas Kumar vs. State of Haryana & Ors. -3-
9. Section 20 of the National Green Tribunal Act, 2010 inter alia mandates this Tribunal to apply the precautionary principle. In view thereof, it is ordered that no further permission for construction of any temporary bridge across river Yamuna for facilitating any sand mining and allied activities be granted.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 23, 2023 AVT