National Green Tribunal
Giriraj Parikrama Sanrakshan Sansthan vs State Of Rajasthan on 29 March, 2019
Item No.01 to 03 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 229 of 2013
(M.A. No. 736 of 2013, 194 of 2014, 211 of 2017, 216 of
2017, 363 of 2017, 478 of 2017, 519 of 2017, 652 of
2017, 514 of 2018, 1183 of 2018, 1360 of 2018, 1400 of
2018, 1737 of 2018, 1742 of 2018 & I.A. No. 73 of 2019,
75 of 2019, 87 of 2019, 142 of 2019, 144 of 2019, 145 of
2019, 146 of 2019, 148 of 2019 & 149 of 2019)
With
Original Application No. 280 of 2017
(M.A. No. 529 of 2017)
With
Execution Application No. 19 of 2018
In
Original Application No. 24 of 2016
Giriraj Parikrama Sanrakshan
Sansthan & Ors. Applicant(s)
Versus
Department of Environment &
Forests & Ors. Respondent(s)
With
Dwaikadham-Radhika Dham Resident
Welfare Trust Applicant(s)
Versus
Mathura-Vrindavan Development
Authority &Ors. Respondent(s)
With
Giriraj Parikrama Sanrakshan
Sansthan Applicant(s)
Versus
State of Rajasthan & Ors. Respondent(s)
Date of hearing: 06.03.2019
CORAM:
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s) Mr. Bhuvan Ravendran, Advocate
Mr. Rajesh Kr. Lawania, Advocate
in M.A.478/2017 & 652/2017&
O.A. No. 280/2017
Mr. Krishan Kumar Sharma,
Advocate
1
Mr. Vineet Dave and Mr. Amit
Pratap Shaunak, Advocates in I.A.
No. 148/2019 & 149/2019
For Respondent(s) Mr. Pradeep Misra, Advocate for
UPPCB
Mr. Amit Tiwari, Advocate for State
of UP
Mr. Rajesh K. Singh and Mr.
Robins Verma, Advocates for MOEF
Mr. Ajay Jain and Ms. Ayushi Jain,
Advocates for GNCTD
Ms. Sonia Mathur, Sr. Advocate, Ms.
Charu Mathur and Mr. Sushil Kr.
Dubey, Advocates in I.A. No.
144/2019 & 145/2019
Mr. Ardhendumauli Kumar Prasad,
Advocate for CGWA and ASI
Ms. Akansha Singh, Advocate for
MVDA
Mr. Rajkumar, Advocate for CPCB
Mr. Ranjesh K. Sinha, Advocate
Dr. Manish Singhvi, AAG and Mr.
D.K. Devesh, Advocate for State of
Rajasthan
Mr. Joydeep Mazumdar and Ms.
Priyata Chakraborty, Advocates for
Intervener
ORDER
I.A. No. 73 of 2019
The learned counsel for the original applicant prays for further time to file reply to the application. Last opportunity is granted to the original applicant to file reply to the interlocutory application before the next date, with an advance copy to the counsel for the said application.
I.A. No. 75 of 2019
This application has already been decided on 31.10.2018.
2 I.A. No. 87 of 2019 The application has been filed by the residents were living in the same colony, on whose behalf Original Application No. 280/2017 has been filed and is pending before us. Therefore, there was no need to have filed a separate to seek relief at this stage. The grievance of the applicants in this application, will be considered in the Original Application No. 280/2017.
Accordingly, I.A. No. 87 of 2019 stands disposed of. I.A. No. 142 of 2019 This application has been filed by an intervener, wherein the following prayers have been made:
a) The Department of Irrigation be directed to clean and re-dredge Ganga Neher.
b) The Department of Irrigation be directed to clean and re-dredge the canal which used to connect Mansi Ganga at its North-Eastern point and was used for out/overflow of excess water.
c) The local authorities and the Department of Irrigation may be directed to reconnect Ganga Neher to its original source of Ganga water from the Bharatpur Feeder canal.
d) The local authorities and the Department of Irrigation may be directed to the canal which used to connect Mansi Ganga at its North-
Eastern point and was used for out/overflow of excess water.
e) The local authorities be directed to immediately stop flow of sewerage and effluents into Ganga Neher and redirect all existing outlets into proper sewer treatment plants."
It was on the request of the applicant in M.A. No. 855/2018 that in the interest of justice he was made an 3 intervener on 29.05.2018 in Original Application No. 280 of 2017, which is still pending adjudication.
It is also relevant to note here that Original Application No. 229 of 2013 have already been disposed of by this Tribunal on 04.08.2015 and it is thereafter, for the compliance/execution of the said order, that instant proceedings have been undertaken. A bare perusal of the prayers made by the applicant goes to show that he is seeking directions in respect of many department of State of Uttar Pradesh which was never a part of the original application, much less to say, to take up the same in this execution proceedings.
However, we give liberty to the applicant to approach the concerning Department of State of Uttar Pradesh for redressal. Any grievance made by applicant will be taken up by the Department, if found redressable.
With the aforesaid observations, I.A. No. 142 of 2019 stands disposed of.
I.A. No. 144 of 2019
The applicant in I.A. No. 144 of 2019 is directed to file a proper cause title in this application for impleadment in Original Application No. 229 of 2013. The amended cause title may be filed before the next date.
List this application on 29th March, 2019. 4 I.A. No. 145 of 2019 This application will be taken up, along with I.A. No. 144 of 2019.
I.A. No. 146 of 2019
This application has been filed on behalf of the Commissioner, Devsthan Department, Government of Rajasthan, Udaipur. At the outset, learned counsel for the applicant submits that they may be given further time to do the needful. The time sought is of 90 days.
In view of the fact that earlier on several occasions time had been granted to the State of Rajasthan for doing the needful i.e. bring an enactment/ordinance for creation of shrine board at "the ancient temple of Shri Nath Ji at Poochari Ka Lotha and the entire part of the Giriraj Parvat which falls within the territory of State of Rajasthan, which is approximately 1.3 km, last opportunity is granted for the purpose. This is essential for the reason that it is a universally known fact that every and each part of Giriraj Parvat is worshipped by the pilgrims who visits Goverdhan. Therefore not only for the ancient Shree Nath ji Temple at Poochari Ka Lotha but for also Giriraj Parvat time has come which necessitates creation of a Shrine Board for proper management and welfare for the public at large who visit the place 24x7x12.
5
In the interest of justice, we grant 45 days to the State of Rajasthan for taking appropriate steps, failing which coercive orders shall be passed.
Accordingly, I.A. No. 146 of 2019 stands disposed of.
I.A. No. 148 of 2019
This application has been filed for being impleaded as a party in Original Application No. 229 of 2013.
It would suffice to say that O.A. No. 229/2013 has already been finally decided on 04.08.2015. The present proceedings before the Tribunal are for compliance/execution of the orders passed by the Tribunal, primarily on the basis of the committee report submitted before it.
Order 1 Rule 10, CPC does not provide for being impleaded as a party in an execution process. The main original application has already been decided long back. The primary contention raised by the counsel for the applicant that as they have certain properties in Jatipura and therefore, they want to implead as a party. Such cannot a ground for impleaded in this execution process. However, if they have any right they are always free to approach the concerning forum/Authority of State of Uttar Pradesh.
Accordingly, I.A. No. 148 of 2019 stands disposed of.
6 I.A. No. 149 of 2019
This application has been filed for modification of the orders dated 04.08.2015 and 20.06.2018.
It is relevant to mention here that the application for impleadment filed by the applicant (148/2019) has been dismissed for reasons mentioned therein. Therefore, there is no question of any modification of the orders passed on 04.08.2015 and 20.06.2018, on the request of the applicant. Needless to say that the orders mentioned above are the one by which Original Application No. 229/2013 has been finally decided. Therefore, on this count also there is no just reason to modify the aforesaid orders.
Accordingly, I.A. No. 149 of 2019 stands disposed of.
Main matter The Learned Counsel for State of Uttar Pradesh has submitted that certain steps have been taken by them in furtherance of the direction issued on 1st February, 2019. He has submitted that the sign boards have been placed in order, private parking have been abolished, parking installed by the State are in operation and additional police force have been deployed permanently at Goverdhan.
Besides, the other issues revolves around financial assistance and release of funds, such as to repair old 7 STP; to complete some stretches of road, additional parking, sewerage connection etc., No progress have been made in this respect for want of which funds have not been sanctioned so far. Needless to say that amongst the steps to be taken by the State Government, the establishment of the service road is very essential for day to day management of the traffic etc. and to reduce the congestion in the Parikrama Marg. We are informed that funds would be sanctioned by 15th March, 2019, as stated by Additional Chief Secretary on the earlier date of hearing. We once again direct the Counsel for the State to take up the issue of financial sanction personally so that the same is granted within time frame, as assured earlier.
The milk samples of the offering made on the deity have been taken by Food and Drug Administration, in first week of February, 2019, as informed by the Counsel for the State. However, the analysis report is still awaited. Therefore, we direct Director of State Food and Drug Laboratory to have the milk samples analyzed on priority as the same is required for the present proceeding before us. We hope and expect that analysis report would be sent within two weeks and the same may be placed on record.
The Learned Counsel for the State of Uttar Pradesh was unable to inform us about the progress in respect of 8 the repairing/maintenance of the old STP for which funds about Rs. 5 Lakhs was required. On the earlier date of hearing the XEN, Jal Nigam was present and he had assured that the funds would be released by Urban Development to Nagar Panchayat by 28th February, 2019. It is really sad state of affair that Urban Development Department has not even cared to inform the Tribunal about the progress in the matter. Therefore, we direct the Learned Counsel for State of Uttar Pradesh to inform the Principal Secretary, Urban Development to immediately take up the aforesaid issue and ensure that the requisite funds are granted to Nagar Panchayat, within two weeks from today, so that repair of old STPs etc. is undertaken immediately. Similarly, we direct the Additional Chief Secretary, Tourism to take up the matter with regard to the DPRs for various projects and the needful be done by 15th March, 2019. In case of failure to do so, would entail coercive orders such as heavy cost etc. to be recovered from the person concerned. We also direct the Counsel for the State to proceed with the work of remaining sewerage connection of the household at Mansi Ganga and inform us about the status on the next date of hearing.
In respect of the aforesaid steps to be taken, the District Magistrate Mathura shall coordinate and be 9 present on the next date of hearing to place before us the completion report.
The analysis report of the water samples taken from nine kunds have been received from CPCB on 28.02.2019. A bare perusal of the report indicates that the cleanliness of the pond is a cause of concern. The Joint Inspection Team has observed excessive algal growth and remains of flower offering in the ponds and they have also noticed excessive external loading in the ponds. The State Government of Uttar Pradesh is directed to take remedial measures, as suggested by the joint inspection team i.e. aeration, sediment removal and dilution by adding low-nutrient water in the pond. All these exercise shall be taken up immediately under the supervision of District Magistrate, Mathura.
So far as State of Rajasthan is concerned, no effective steps, worth the name, have been taken. Neither the parking at Poochari Ka Lotha nor the removal of temple in Parikrama Marg, after offering an alternative place to the owner; have been done. We are informed that as per the last directions when the owner of the temple had visited the office of District Magistrate, Bharatpur, no proper response had come forth from the Government officials, so much so that no alternative place was offered. As a matter of fact, the meeting and discussion in this respect should have been taken up by 10 the District Magistrate, in the light of the information given by the Commissioner, in his presence, on the last date of hearing. Therefore, we direct District Magistrate, Bharatpur to remain present before the Tribunal on the next date of hearing. In the meanwhile, the Court Commissioner is requested to take up the issue once again with owner of the temple and get the matter settled. The remuneration and other expenses incurred by the commissioner shall be borne by the State of Rajasthan. The commissioner may inform the District Magistrate and SDO, Deeg about his next visit to the said temple and see that the issue is resolved by offering an alternative place for the deity. A copy of this order be sent to the Court Commissioner through E-mail forthwith.
It is made clear in case any of the aforesaid steps are not taken or are incomplete, then, Additional Chief Secretary, Tourism, UP along with concerning officer shall remain present on the next date of hearing.
List these matters on 29th March, 2019.
Raghuvendra S. Rathore, JM Dr. Satyawan Singh Garbyal, EM March 06, 2019 mn 11