National Green Tribunal
Vellore Citizens Welfare Forums ... vs Union Of India Rep By Its Secretary ... on 14 September, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No. 7 to 11 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 21/2020(SZ)&
Original Application No. 22/2020(SZ) &
M.A. No. 173 & 174/2017 &
Original Application No. 23/2020(SZ) &
Original Application No. 24/2020(SZ) &
Original Application No. 25/2020(SZ)
(Through Video Conference)
IN THE MATTER OF:
Vellore Citizens Welfare Forums, Vellore ...Applicant(s)
Versus
Union of India and Ors. ...Respondent(s)
With
K.M. Santhanagopalan
(substituted as L.R. in the place of the deceased petitioner as per order
dt. 09.09.2014 in W.P.M.P. No. 187 of 2017) ...Applicant(s)
Versus
Union of India and Ors. ...Respondent(s)
With
K. Narayanasamy, Tiruppur ...Applicant(s)
Versus
The Loss of Ecology, Chennai and Ors. ...Respondent(s)
1
With
Govindasamy and Ors. ...Applicant(s)
Versus
The Chairman, Loss of Ecology, Chennai and Ors. ...Respondent(s)
With
Jayaraman, Vellore and Ors. ...Applicant(s)
Versus
The Chairman, Loss of Ecology, Chennai and Ors. ...Respondent(s)
Date of hearing: 14.09.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
Original Application No. 21/2020(SZ)
For Applicant(s): None
For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1
Dr. D.Shanmuganathan for R2
Mr. S. Sai Sathya Jith for R3
Original Application No. 22/2020(SZ) &
M.A. No. 173 & 174/2017
For Applicant(s): None
For Respondent(s): Mr. Syed Nurullah Sheriff for R1
2
Dr. D. Shanmuganathan for R3
Mr. S. Sai Sathya Jith for R4
Original Application No. 23/2020 &
For Applicant(s): None
For Respondent(s): Dr. D. Shanmuganathan for R2
Original Application No. 24/2020(SZ)
For Applicant(s): None
For Respondent(s): Mr. S. Sai Sathya Jith for R2
Dr. D. Shanmuganathan for R3
Original Application No. 25/2020(SZ)
For Applicant(s): None
For Respondent(s): Mr. S. Sai Sathya Jith for R2
Dr. D. Shanmuganathan for R3
ORDER
1. The above cases have been posted to today for hearing.
2. On the basis of the transfer order passed by the Hon'ble High Court of Madras in W.P. 13433/1996 and connected matters as per judgment dated 07.04.2016, the cases were taken on file by this Tribunal. Subsequently, there were certain directions issued by the Hon'ble High Court in the same issue in Contempt Petition No. 2746/2018 and Sub Application Numbers 122&133/2021 by order dated 06.08.2021 3 and subsequent orders suggesting for restoring the Loss of Ecology Authority and suggesting a retired Judge of the Hon'ble High Court as its Chairman and directed the MOEF & CC to consider those aspects and pass appropriate directions and there was a direction issued to the Loss of Ecology Authority not to transfer the pending applications to this Tribunal and it was informed that the Contempt Petition and clarification petitions are still pending before the Hon'ble High Court of Madras in the disposed of matter.
3. In one of the order dated 06.08.2021, the Hon'ble High Court has directed the Additional Solicitor General of India to get instruction from the Central Government with regard to the recommendation of the Hon'ble Mr. Justice V. Hariparandhaman, to be appointed as Chairman of Loss of Ecology Authority so that the Central Government will pass appropriate notification which was made clear that this order was passed in modification of the order passed by the Hon'ble High Court on 07.04.2016 by which order the entire matters have been transferred to this Tribunal for consideration.
4. In view of the fact that certain directions have been issued by the Hon'ble High Court in this matter and in view of the orders passed, it may not be possible for the Tribunal to proceed with the matter further.
4
5. We feel it appropriate to adjourn the case sine die till further clarificatory orders are issued by the Hon'ble High Court in this regard.
6. The parties are also at liberty to file an application for reopening the matter for hearing after any further directions in this regard has been issued by the Hon'ble High Court of Madras.
7. The Registry is directed to place the records before the Bench as and when any further final order or clarificatory order issued by the Hon'ble High Court in this regard.
8. With the above direction and observation, these matter are adjourned sine die.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No. 21/2020(SZ)& O.A. No. 22/2020(SZ) & M.A. No. 173 & 174/2017 & O.A. No. 23/2020(SZ) & O.A. No. 24/2020(SZ) & O.A. No. 25/2020(SZ) 14th September 2022. AD 5