National Green Tribunal
Kudrat Sandhu vs Government Of Nct Health And Family ... on 15 March, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 199 of 2014
(M.A. No. 722/2017, M.A. No. 747/2017, M.A. No. 1484/2017, M.A. No.
1510/2017, M.A. No. 1511/2017 & M.A. No. 1530/2017)
And
Original Application No. 61 of 2017
(Earlier O.A. No. 199 of 2014)
And
Original Application No. 810 of 2017
(Earlier O.A. No. 199 of 2014)
And
Original Application No. 281 of 2016
(MA No. 1007 of 2016 & 395 of 2017)
And
Original Application No. 428 of 2017
IN THE MATTER OF:
Almitra H. Patel & Anr. Vs. Union of India & Ors.
And
Almitra H. Patel & Anr. Vs. Union of India & Ors.
And
Almitra H. Patel & Anr. Vs. Union of India & Ors.
And
Kudrat Sandhu Vs. Govt. of NCT & Ors.
And
Court on its own Motion Vs. Govt. of NCT Delhi
CORAM : HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER
HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present: Applicant : Mr. Utkarsh Jain Adv. in Miscellaneous
Application Nos. 1510 and 1530/2017
Mr. Shuvodeep Roy and Mr. Vinayak Gupta
Advs. for State of Assam
Mr. Leishangthem Roshmani Kh. and Mr. Amit
Kumar Adv. for State of Manipur
Mr. Dinesh Jindal, LO, Delhi Pollution Control
Committee
Dr. Sandeep Singh, Adv. for State of Uttar
Pradesh
Mr. Balendu Shekhar, Mr. Sriansh Prakash and
Mr. Rajkumar, Advs and Mr. Arun Kumar, SE.
for East Delhi Municipal Corporation
Ms. Nikita Salwan, Adv. and Mr. Vijaypal Singh,
EE
Mr. Shubham Bhalla, Adv.
Mr. Tarunvir Singh Khehar and Ms. Guneet
Khehar, Mr. Sandeep Mishra Advs. for GNCTD
Ms. Puja Kalra and Mr. Virendra Singh, Advs.
for SDMC and NDMC
Mr. Abhishek Paruthi, and Ms. Urmila Thakur,
LO
Mr. Mukesh Verma, Adv. for UPCB & MPCB
Mr. Ravindra Kumar, Adv. for NOIDA
Ms. Yogmaya Agnihori and Ms. Prity, Advs. for
C.E.C.B.
Mr. Vijay Panjwani, Adv.
Mr. Varun Thakur, Adv.
Mr. Tarunvir Singh Khehar, Ms. Guneet Khehar
Mr. Sandeep Mishra Advs.
Dr. Abhishek Atrey, Mr. Harshit kaushik and
Mr. Vikas Malhotra, Advs. for MoEF
1
Ms. Hemantika Wahi and Ms. Puja Singh, Advs.
for State of Gujarat and Gujarat State PCB
Ms. Khushboo Kumari, Mr. Kush Sharma, Adv.
for Mr. Rajiv Bansal, Sr. Adv. for Delhi
Development Authority
Mr. Rajul Shrivastava, Adv.
Mr. D. K. Thakur, AAG and Ms. Seema Sharma
Mr. Balendu Shekhar, Adv., Mr. Sriansh
Prakash, Mr. R.K. Maurya, Mr. Ravi Gopal
Advs. for East Delhi Municipal Corporation
Mr. Amit Agrawal, Adv., Ms. Asha Basu, Adv. for
West Bengal PCB
Mr. Edward Belho, Mr. K. Luikang Micheal and
Ms. Hoineithiam, Advs. for State of Nagaland
Mr. Daniel Stone Lyndoh and Ms. Aprajita, Adv.
for Meghalaya
Mr. Pradeep Misra, Mr. Daleep Dhyani, Advs. for
UPPCB
Ms. Sakshi Popli, Adv. for NDMC
Mr. D. Bharathi Reddy and Ms. Vidyotma, Adv.
for State of Uttarakhand
Ms. Kritika Sachdeva and Ms. Soumya Rathore,
Adv.
Mr. Jogy Scaria, Ms. Miranda solaman, ms.
Beena Victor and Ms. Rughan S Bel Adv. for
State of Kerala Pollution Control Board
Mr. Pradeep Misra and Mr. Daleep Kr.
Dhyani, Advs.
Mr. Om Prakash, Adv. for Ministry of Railways
Ms. Priyanka Sinha, Adv. for the State of
Jharkhand
Mr. Rajul Shrivastav, Adv.
Ms. Pinki Anand, Sr. Adv., Mr. Simranjeet Singh
and Ms. Saudamini Sharma, Advs.
Mr. Guntur Prabhakar and Mr. Guntur Pramod
Kumar and Mr. Prashant Mathur, Advs.
Mr. Jayesh Gaurav, Adv for JSPCB
Mr. K. V. Jagdishvaran, Ms. G. Indira, Mr.
Bhupesh Narula and Mr. Bhupesh Narula, Advs.
of Andaman and Nicobar
Mr. Ankit Verma, Adv.
Ms. Priyanka Swami, Adv. for Ghaziabad Nagar
Nigam and State of Uttar Pradesh
Mr. Devraj Ashok, Mr. V. Mowli, Advs. for State
of Karnataka
Mrs. D. Bharathi Reddy, Ms. Vidyottmai, Advs.
for State of Uttarakhand
Mr. Rudreshwar Singh, Adv. for BSPCB
Mr. Gautam, Singh and Mr. Shoeb Alam, Advs.
for BSPCB and State of Bihar
Ms. Deep Shikha Bharati, Adv for MoEF
Mr. B.V Niren with Mr. Vinayak Gupta, for
MoUD and MORTH
Mr. Balendu Shekhar, Mr. Raj Kumar Maurya,
Advs. for East Delhi Municipal Corporation
Mr. Rajiv Bansal, Sr. Adv., Mr. Kush Sharma,
Ms. Malvika Bhanot Mr. Lalit Mohan, Advs. for
Delhi Development Authority
Mr. R. Rakesh Sharma, adv and Mr. V. Mowli,
Advs.
Mr. Ankur Upadhyay, Adv.
Mr. Raj Kumar, Adv. with Mr. Bhupender,
for CPCB
Mr. ANS Nadkarni, ASG, Mr. Dattaprasad
Lawande, AG, Mr. Anuj Sarma, Adv Mr. S.S.
Rebello, Adv for State of Goa
Ms. Shashi Juneja, Adv for State of Chattisgarh
Ms. Puja Kalra, Advs. for South and North MCD
Mr. Naginder Benipal, Adv. for PPCB and PMIDC
Mr. A.K. Panda, Mr. Manoranjan Paikaray, Mr.
Aniruddha Purushottam and Mr. Satyabreita
Panda, Advs.
Mr. GM Kawoosa, Adv.
2
Ms. Deepshikha Bharati, Adv. for MoEf
Mr. Anil Shrivastava, Mr. Rituraj Biswas and
Ms. Sujaja Bardhan, Advs. for State of
Arunachal Pradesh
Mr. Nishe Rajen Shoner, Mr. Alim Anvar and
Ms. Anu K. Joy,
Advs. for the State of Kerala
Mr. Gopal Singh and Mr. Rituraj Biswas,
Advs. for State of Tripura
Mr. Anil Grover, AAG, , Mr. Rahul Khurana, Adv.
for HSPCB
Mr. Rahul Verma and Mr. Jaswant Singh, Advs.
Ms. Shibani Ghosh Choudhary, Adv for State of
Maharashtra, Urban Development Dept.
Mr. V.K. Shukla, Adv., Ms. Vijay Lakshami,
Advs. for State of M.P.
Mr. Sumit Rana, Adv.
Mr. Anchit Sharma, Ms. Satamita Ghosh and
Ms. Dipankar Wadhwa, Advs.
Mr. Shashank Bajpai and Mr. Shakun S. Shukla,
Advs.
Mr. Shuvodeep Roy, Mr. Sayooj Mohandas. M
and Mr. Vinayak Gupta, Advs. for State of
Assam
Mr. Suryajyoti Singh Paul and Mr Arun Monga,
Advs.
Mr. Raja Chatterjee, Mr. Piyush Sachdev and
Mr. Abhinandini Yadav, Advs. for State of West
Bengal
Mr. Biraja Mahapatra, Adv Mr. Dinesh Jindal,
LO for DPCC
Mr. Ishwer Singh, Adv.
Mr. S. Sukumaran, Adv, Mr. Anand Sukumar,
Adv and Mr. Bhupesh Kumar Pathak, Advs.
Mr. B.V. Niren with Mr. Vinayak Gupta, Advs.
Mr. Pradeep Misra and Mr. Daleep Kr. Dhyani,
Advs.
Mr. I.K. Kapila, Adv.
Ms. Nikita Salwan, Adv. and Mr. Vijaypal Singh,
EE
Ms. Aruna Mathur, Mr. Avneesh Arputham, Ms.
Anuradha Arputham, Ms. Simran Jeet, for State
of Sikkim
Mr. Enatoli Sema, Adv. and Mr. Amith J. Adv.
Mr. Harish Gaur and Mr. Kamaldeep Lakra and
Mr. Zeesihan and Mr. Siddharth S. Chaughan,
Advs. for State of Chattisgarh
Ms. Appana Poddar, adv with Mr. Bhupender
Kumar, LA for Central Pollution Control Board
Mr. Shiv Mangal Sharma, AAG and Mr. Saurabh
Rajpal, Adv.
Mr. Sapam Biswajit Metei, Adv. for Manipur
Pollution Control Board
Mr. Ajay Marwah, Adv. for HPPCB
Mr. Kamaljeet Singh, AAG
Mr. Rajesh Kumar Das, Adv. Legal Counsel for
U.T. Lakshadweep Administration
Date and Orders of the Tribunal
Remarks
Item Nos.
9 to 13 In pursuance to the proceedings on 03rd February,
March 15, 2018 the case was taken up again on 20th February, 2018
2018
and noticing the inaction on the part of authorities, we
ss
have directed that a statement shall be filed within two
3
weeks from that day after complying with the directions
Item Nos. contained in our earlier order and in case of lapse by any
9 to 13
authority, we shall hold the Corporation responsible and
March 15,
2018
further order to comply with the order dated 03rd
ss
February, 2018 will be passed.
The Central Pollution Control Board was directed to
comply with the other orders also and to ensure steps are
taken for compliance. When the case is taken now, the
Learned Counsel Mr. P.N. Puri representing Central
Pollution Control Board submits that he has not been
properly instructed and he is awaiting instructions from
the concerned respondent. Later he submits, under
instruction from the instructing counsel that a Status report of proposed sites i.e. Sonia Vihar and Ghonda Gujral were filed in the registry.
Learned counsel Ms. Pooja Kalra representing South Delhi Municipal Corporation submits they have identified two sites and sent for approval of Delhi Pollution Control Committee and also Central Pollution Control Board. Those two letters were sent on 16th February, 2018. Dr. A.B. Akolkar, former Member Secretary, Central Pollution Control Board who was assisting in this case submits that two sites have been identified for East Delhi Municipal Corporation. These sites are inspected, evaluated and found to be suitable. Besides he submits that statement has been filed in the registry which we do not find in any court record before the bench. Later on it is informed the Addl. Director, Central Pollution Control Board has filed a statement showing Status of proposed sites scientific landfill near Sonia Vihar and Ghonda 4 Gujral by East Delhi Municipal Corporation. Let report Item Nos. be placed in each file.
9 to 13 As far as other directions are concerned, we are not March 15, 2018 getting proper response from all the respondents ss concerned as to whether they have complied or not. However, we can give him last change. It is further stated by the Learned Counsel appearing for all three Municipal Corporation that they have placed Action Plan after making effort by identifying sites. Let copy be exchanged between all the stakeholders.
Post it for further orders on 06th April, 2018.
..........................................,JM (Dr. Jawad Rahim) ..........................................,JM (S.P. Wangdi) ..........................................,EM (Dr. Nagin Nanda) 15.03.2018 5