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National Green Tribunal

Sandplast (India) Ltd vs Ministry Of Environment, Forest And ... on 10 November, 2014

Author: Swatanter Kumar

Bench: Swatanter Kumar

                   BEFORE THE NATIONAL GREEN TRIBUNAL,
                      PRINCIPAL BENCH, NEW DELHI

                M.A. No. 667 of 2014, M.A. No. 686 of 2014 &
                            M.A. No. 766 of 2014
                                      In
                     Original Application No.102 of 2014

IN THE MATTER OF:

                Sandplast (India) Ltd. & Ors. Vs. MoEF & Ors.

CORAM :    HON'BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
           HON'BLE MR. JUSTICE U.D. SALVI, JUDICIAL MEMBER
           HON'BLE DR. D.K. AGRAWAL, EXPERT MEMBER
           HON'BLE PROF. A.R. YOUSUF, EXPERT MEMBER

Present:   Applicant:                Ms. Tasneema Ahmadi, Advocate.
           Respondent No.1, 2, 22,

61, 83, 103, 115 & 125 Mr. Vikas Malhotra with Mr. M.P. Sahay, Advs. Respondent No. 2 Mr. Devashish Bharuka with Ms. Anu Tyagi, Advocates Respondent No.3, 8 & 73 Mr. B.V. Niren, Advocate Respondent No. 5 Mr. Parag Tripathi, Mr. Bharat Sangal, Mr. Srijana Lama and Mr. I. Abenla Aier, Advocates Respondent No. 4,12&126 Mr. Sunieta Ojha Respondent No. 13 Mr. Om Prakash with Dr. Jwala Bansal, Advocates.

Respondent No. 106 Mr. Ravin Dubey, Advocate Repondent No. 95 Mr. Guntur Prabhakar, Mr. Guntur Pramod Kumar and Mr. Prashant Mathur, Advocates Respondent No. 30,50,70 92,112 Mr. Raman Yadav, Advocates Respondent No. 2, 115 Mr. Rachit Mittal along with Neeraj Gupta, Advocates Respondent No. 120 Mr. Rajiv Bansal and Mr. Kush Sharma, Advocates Respondent No. 119 Mr. Neena Rani Pandey, Advocate Respondent No. 110 Mr. Ajay Choudhary and Mr. Ankit R. Kothari, Advocates Respondent No.20,81&128 Mr. Manjit Singh, Sr. Advocate, Mr. Tanjit Singh, Ms. Nupur Choudhary, Advocates Respondent No. 25 Mr. C.D. Singh and Mr. Anshuman Srivastava, Advocates Respondent No. 11 Mr. Balendu Shekhar and Mr. Vivek Jaiswal, Advocates Respondent No. 116 Mr. Krishnan Venugopal, Sr. Adv., Mr. Santosh Kumar, Advocates Respondent No. 31,51, 71&93 Mr. Bikas Kar Gupta, Advocate Respondent No. 30,50,70, Ms. Savitri Pandey, Advocate 92 and 112 Respondent No. 6, 45&65 Mr. Birja Mahapatra, Advocate with Mr. Dinesh Jindal, LO, DPCC Respondent No. 27 Shri Anil Soni, Advocate, AAG for State of Punjab with Ms. Sakshi Agrawal, Advocate Respondent No. 34 Mr. Avijit Roy, Advocate Respondent No. 118 Ms. Sakshi Popli, Advocate for NDMC Respondent No. 24, 43, 63, 85 and 105 Mr. Ajit S. Bhasma, Advocate and Mr. Pankaj Kumar Mishra, Advocate Respondent No. 32,52,94,114&152 Mr. Alok Kumar & Ms. Shubham Mahajan.

Respondent No. 18,37,57,79,99 Ms. S. Pandey, Ms. Bansuri Swaraj and Ms. S. Bhatnagar, Advocates Respondent No. 16,35,97 Mr. Rudreswan Singh, Advocate Respondent No. 63 Mr. Mukesh Verma Respondent No. 121 Mr. D. Bhadra, Advocate Respondent No. 74 Mr. Abhishek Paruth, Advocate for CPCB Respondent No. 14,33,53&95 Ms. Akansha, Advocate Respondent No. 113 Mr. Amit Aggarwal with Mr. Nayan Behani, Advocates Respondent No. 39 & 59 Mr. Narender hooda, Mr. B. Deswal and Mr. Vineet Malik, Advocates Respondent No. 89 Mr. Anil Soni with Ms. Saakshi Agrawal, Advocates Mr. Ashok Gupta, Sr.Advocate, Mr. Ghanshya, Mr. P.K. Mandhar, Advocates in Respondent No. 117 Mr. Bipin B. Singh, Advocate Respondent No. 123 Mr. Abhishek Thakur, Advocate Mr. A.K. Panda, Sr. Adv., Mr. S. Panda and Mr. M. Paikaraj, Advocates for OSPCB Respondent No. 39, 101 Mr. Narender Hooda, Mr. B. Deswal and Mr. S.S. Hooda, Advocates Respondent No. 109 Mr. Jayant K. Sud, Mr. Vishal Dabas and Mr. Banita Singh, Advocates Mr. G.M. Kawoosa, Advocates for State of J&K. Respondent No. 47 & 67 Mr. Shubham Bhalla, Advocate Respondent No. 49 & 69 Mr. M. Yogesh Kanna for TNPCB Respondent No. 38,80 & 100 Ms. Preeti Bhardwaj for Gujarat Respondent No. 26,66,88 & 108 Mr. Ashok Panigrahi and Mr. Ashmi Mohan, Advocates Respondent No. 17,36,56,78 & 98 Mr. Atul Jha, Adv. Respondent No. 7,45,65,87,107 Mr. Sushil Dutt Sahani and Ms. Latika Dutta, Advocates Respondent No. 87 & 107 Mrs. Avnish Ahlwat, Advocate Date and Orders of the Tribunal Remarks Item No. 10 M.A. No. 766 of 2014 November 10, 2014 We have heard the Learned Counsel appearing for SS the parties. We direct that the applicant be impleaded as party Respondent to the main application. The reply to the main application may be filed within two weeks from today with advance copy to Learned Counsel appearing for the applicant who may file Rejoinder thereto, if any, within one week thereafter.

We clarify, though there is hardly need for the same, that our order of the injunction prohibited actual act of physical dumping of fly ash in any mine and open area and we have not injucted any process to be completed in accordance with law.

With these direction the M.A. No. 766 of 2014 stands disposed of.

We also direct the M/s. HINDALCO to submit before us the study carried out by them in compliance with the consent granted to them vide order dated 5th December 2013 in Clause-2 along with their reply.

All the respondents who have not filed their respective replies, should file the same now positively within two weeks from today with advance copy to applicant, who may file Rejoinder thereto, if any, within two weeks thereafter.

Any respondent who have not filed the replies within the time granted by the Tribunal, the right of those respondents to file replies shall stand forfeited.

The Learned Counsel appearing for Odisha State Pollution Control Board submits that they would file the report during the course of the day. Liberty is granted.

Objection to the said report, if any, be filed within two weeks from today. In the event no objection is filed it will be taken that such party does not have objection to the acceptance of that report.

The Learned Counsel appearing for the Respondent No. 5 is permitted to file documents during the course of the day. In the meanwhile we direct the joint team consisting of the Member Secretary, Central Pollution Control Board, Senior Scientist from MoEF, Member Secretary, Odisha Pollution Control Board and nominated scientist from NEERI to visit the sites of NTPC, HINDALCO and even the other Thermal plants in that area, and shall collect fly ash samples including the stack samples therefrom, and further analyse the same. They shall also visit the mine areas, Where the fly ash is being dumped by these respective industries. They shall also collect ground water samples therefrom and analyse them. All these analysis reports along with their opinion as regards the adverse impact, if any, of such fly ash dumping, upon the human health and environment should be placed before the Tribunal on the next date of hearing.

The Learned Counsel appearing for the State of Rajasthan undertakes to appear before the Tribunal regularly. Consequently, the bailable warrant issued again the said Respondent is hereby cancelled and shall not be executed.

List this matter on 11th December, 2014 at the end of the Board.

........................................,CP (Swatanter Kumar) ......................................, JM (U.D. Salvi) ......................................, EM (Dr. D.K. Agrawal) ....................................., EM (Prof. A.R. Yousuf)