National Green Tribunal
Kudrat Sandhu vs Govt. Of N.C.T. Of Delhi on 12 December, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY HYBRID MODE)
Review Application No. 01/2017
(M.A. No. 98/2017, M.A. No. 100/2017 & M.A. No. 1180/2017,
M.A. No. 1181/2017, M.A. No. 1182/2017, M.A. No. 1183/2017,
M.A. No. 1184/2017 & M.A. No. 1185/2017)
IN
O.A. No. 281/2016
Kudrat Sandhu Applicant
Versus
Govt. of NCT & Ors. Respondent(s)
-----------
Plastic Manufacturers & Traders
Association, Delhi ------ Review Applicant
Date of hearing: 12.12.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Kundan Kr. Mishra, Advocate for Applicant in R.A 01/2017
Respondent: Ms. Puja Kalra, Advocate for MCD
Mr. Biraja Mahapatra, Advocate for DPCC
ORDER
1. This review application has been filed by Plastic Manufacturers & Traders Association, Delhi to review Direction No. 23 in judgment dated 2.12.2016 in OA No. 281/2016, Kudrat Sandhu vs. Govt. of NCT & Ors., as follows:
"23. We further direct that the use of disposable plastic glasses is prohibited in entire NCT, Delhi at hotels, restaurants and public as well as private functions. The NCT, Delhi shall take appropriate steps against storage, sale and use of such plastic material at 1 above places and it shall stand prohibited w.e.f. 01st of January, 2017."
2. Identical review application has been dismissed by this Tribunal vide order dated 02.12.2022 in RA No. 11/2018 in O.A. No. 199/2014, Almitra H. Patel & Anr. vs. Union of India & Ors., as follows:
"1. This application has been filed by Association of Technical Textiles Manufactures & Processors, New Delhi for review of order of this Tribunal dated 22.12.2016 read with the corrigendum dated 02.01.2017 in OA No. 199/2014, Almitra H. Patel & Anr. vs. Union of India & Ors. and to remove direction no. 18 of paragraph 43 of the said judgment. The said direction is reproduced blow:
"43. xxx ...........................xxx.............................xxx 1 to 17. xxx ........................xxx....................xxx
18. We direct MoEF&CC, and the State Governments to consider and pass appropriate directions in relation to ban on short life PVC and chlorinated plastics as expeditiously as possible and, in any case, not later than six months from the date of pronouncement of this judgment."
2. The applicant filed Civil Appeal No. ________of 2018 (Diary No. 42583 of 2017), Association of Technical Textiles Manufactures and Processors vs. Almitra H. Patel & Ors. against judgment of this Tribunal dated 22.12.2016 in OA No. 199/2014 which was withdrawn with liberty to approach this Tribunal with regard to Direction No. 18.
3. Grounds for seeking review as per application are that the association of manufacturers of textiles was not party before the Tribunal, the issue of PVC is beyond jurisdiction of this Tribunal as only issue to be considered was of solid waste management. There is no adverse impact of PVC on the environment.
4. On 12.4.2018, the Tribunal issued notice on the review application. On 24.7.2018, the matter was deferred in view of order of the Hon'ble Supreme Court dated 21.5.2018 directing that the Tribunal may not proceed with the issues of waste management which were pending before the Hon'ble Supreme Court. Since the order of stay granted by the Hon'ble Supreme Court was subsequently vacated, the matter has now been put up.
5. Learned Counsel for the review applicant submits that he has no instructions inspite of repeated communication with his client.
6. We have considered the matter on merits and find that the same is covered against the review applicant by earlier order of this Tribunal dated 7.10.2020 in M.A. No. 59/2020 in OA No. 2 199/2014, filed by the Fabric Manufacturers Association against the same direction. The Tribunal held that suggestion of the Tribunal to the authorities to consider the matter did not require impleading of parties as the authorities could even independently consider the issue. The relevant extract from the said order is as follows:
"xxx ............................xxx..................................xxx
3. We do not find any merit. Apart from long unexplained delay, giving of a suggestion for consideration by statutory authorities did not require impleading of the present applicant. Suggestion was not against any individual and authorities could even independently take such decision. There is no challenge to the decision of the authorities nor such challenge can be considered by the Tribunal in this application."
7. As noted in the order passed today in OA No. 199/2014, Almitra H. Patel & Anr. vs. Union of India & Ors. and other connected matters, the Tribunal has disposed of all pending matters relating to solid waste management in view of the fact that judgment dated 22.12.2016 has attained finality and execution issue is being dealt with in OA No. 606/2018, which common number has been assigned in respect of separate matters for all the States/UTs individually.
Review Application is dismissed.
All pending MAs will also stand disposed of."
In view of above, this application is also dismissed.
All pending MAs will also stand disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM December 12, 2022 Review Application No. 01/2017 (M.A. Nos. 98, 100, 1180, 1181, 1182, 1183, 1184 & 1185 of 2017) DV 3