National Green Tribunal
Vikas Kumar vs State Of Haryana on 12 September, 2022
Item No.8 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 581/2022
Vikas Kumar ...Applicant
Versus
State of Haryana ...Respondent
Date of hearing: 12.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Application is registered based on a Letter Petition received by Post.
ORDER
1. Mr. Vikas Kumar resident of village and post office Jainpur, District Sonipat, Haryana has sent the present letter petition by post, which is registered and treated as original application, complaining that Mr. Sandeep Ahlawat is indulging in illegal mining in the name of Yodha Mines and Minerals in the river bed of river Yamuna and has thereby diverted course of the river by constructing illegal bridge on river Yamuna.
2. This Tribunal is empowered to suo moto take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897. This Tribunal can also take cognizance of such cases on the basis of letter petitions in accordance with settled principles of law governing Public Interest Litigation.
O. A. No. 581/2022 Vikas Kumar Vs. State of Haryana -2-
3. Prima facie, the averments made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010. In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of representative of Ministry of Jal Shakti, State of Haryana, Director, Mines and Geology, State of Haryana, State PCB and Deputy Commissioner, Sonipat and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and submit its report within one month. The State PCB will be the nodal agency for coordination and compliance.
4. In case the Joint Committee observes any violation of consent conditions/environmental norms then it shall forward a copy of its report to:-
(i) the Project Proponent to enable it/him to comply with the recommendations the report of the Joint Committee or file objections against the observations/recommendations made in the same and also file its/his response before this Tribunal as desired within one month from the date of receipt of a copy of the report of the Joint Committee;
and
(ii) the Director, Mines and Geology, State of Haryana, State PCB and Deputy Commissioner, Sonipat to enable them to take appropriate remedial action by giving notice to/hearing the project proponent and following due process of law in accordance with Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and for protection and improvement of environment and submit their action taken O. A. No. 581/2022 Vikas Kumar Vs. State of Haryana -3- reports within one month from the date of receipt of a copy of the report of the Joint Committee.
5. Notice of the application be also issued to (i) State of Haryana through Chief Secretary, Government of Haryana, (ii) the Director, Mines and Geology, State of Haryana (iii) State PCB, (iv.) Deputy Commissioner, Sonipat and (v) Project Proponent- Yodha Mines and Minerals requiring them to file their response/ reply to the averments made in the application by email within two months. The Registry is directed to prepare memo of parties accordingly and attach the same with the application.
6. Notice be served on the Project Proponent through Deputy Commissioner, Sonipat and for this purpose notice issued to the Project Proponent be sent to the District Magistrate, Sonipat by E-mail for getting service of the same effected on the Project Proponent and sending his report in this regard.
7. The reports/objections/reply/response be filed within the period as directed above by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
8. List for further consideration on 21.11.2022.
9. In view of the facts and circumstance of the case, we also consider personal appearance of the Regional Officer, Haryana State PCB and Deputy Commissioner, Sonipat on the next date of hearing through VC to be essential for producing the relevant documents regarding compliance with environmental norms 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. O. A. No. 581/2022 Vikas Kumar Vs. State of Haryana -4-
10. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the Ministry of Jal Shakti, State of Haryana, Director, Mines and Geology, State of Haryana, State PCB and Deputy Commissioner, Sonipat by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM September 12, 2022 AG