National Green Tribunal
Dr Sharad Gupta vs State Of U.P on 20 September, 2022
Item No.02 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 316/2022
Dr. Sharad Gupta ...Applicant
Versus
State of U.P. ...Respondent
Date of hearing: 20.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Anshul Gupta, Advocate
Respondents: Mr. Manoj Kumar Sharma, Advocate for State PCB.
Mr. Satyalipsu Ray, Advocate for MoEF & CC.
Application is registered based on a Letter Petition received by Email.
ORDER
1. The grievances in the present letter petition sent by Dr. Sharad Gupta resident of 24, Heera Bagh Colony, Dayal Bagh, Agra are that as per News Article published in Times of India dated 06.03.2022 the ravines are being destroyed by large scale mining in the vicinity of Taj Mahal and restricted flood plain zone of river Yamuna. Destruction of the forest ravines, which are natural habitat for over 1000 species of animals and plants, will lead to devastation of the ecological chain as well as harm the Taj Mahal. It would also affect original landscape and contour in the vicinity of Taj Mahal and restricted flood plain zone of river Yamuna in Agra, Uttar Pradesh.
2. Vide order dated 09.05.2022, this Tribunal constituted a Joint Committee comprising of the Ministry of Jal Shakti, Government of India, O. A. No. 316/2022 Dr. Sharad Gupta Vs State of U.P. -2- Regional Office of MoEF & CC, Lucknow, TTZ Authority, State PCB and District Magistrate, Agra and directed the same to submit Factual and Action Taken Report within three months.
3. In compliance thereof, the Factual and Action Taken Report has been submitted vide email dated 19.09.2022.
4. In view of the averments made in the application and observations made in the report of the Joint Committee, we consider it appropriate to seek response from (1) State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh, (2) Ministry of Jal Shakti, Government of India (3) Regional Office of MoEF & CC, Lucknow, (4) Chairman of Taj Trapezium Zone (5) Director, Mining and Geology, State of Uttar Pradesh, (6) Commissioner, Municipal Corporation, Agra (7) State PCB and (8) District Magistrate, Agra who stand impleaded as respondents No. 1 to 8 and accordingly direct issuance of notices alongwith copies of the application and report of the Joint Committee to them by E-mail requiring them to file their response/reply to the allegations made in the application and observations/recommendations made in the report of the Joint Committee within two months by [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The registry is also directed to prepare and attach memo of parties with the paper book accordingly.
5. Mr. Manoj Kumar Sharma, Advocate has appeared and accepts notice on behalf of the State PCB and seeks time to file reply/response on behalf of State PCB. Reply/response on behalf of State PCB be file within two months as directed above.
6. List the matter for further consideration on 10.01.2023. O. A. No. 316/2022 Dr. Sharad Gupta Vs State of U.P. -3-
7. In view of the facts and circumstance of the case, we also consider personal appearance of the Chairman, Taj Trapezium Zone or his representative and District Magistrate, Agra on the next date of hearing through VC to be essential for producing the relevant documents and assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present before this Tribunal on that date.
8. A copy of this order be forwarded to the Chairman, Taj Trapezium Zone and District Magistrate, Agra by email for ensuring requisite compliance Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 20, 2022 AG