National Green Tribunal
Bhartiya Kisan Sangh vs State Of Rajasthan on 17 April, 2017
BEFORE THE PRINCIPAL BENCH
NATIONAL GREEN TRIBUNAL
NEW DELHI
In the matters of : -
Original Application No. 322/2015
(M. A. No. 1452/2016, M. A. No. 74/2017, M. A. No. 75/2017 & M. A. No.
272/2017)
(CWP (PIL) No. 718/2009)
And
Original Application No. 86/2014
(M.A. No. 255/2014, M.A. No. 256/2014, M. A. No. 431/2017 & M. A. No.
432/2017)
And
Original Application No. 87/2014
(M.A. No. 257/2014, M.A. No. 258/2014, M.A. No. 1287/2016 to M.A. No.
1319/2016, M.A. No. 1321/2016 to M. A. No. 1440/2016 & M. A. No.
88/2017 & M. A. No. 89/2017 )
And
Original Application No. 88/2014
(M.A. No. 259/2014 & M.A. No. 260/2014, M. A. No. 77/2017 & M. A.
No.78/2017)
And
Original Application No. 89/2014
(M.A. No. 261/2014, M.A. No. 262/2014, M. A. No. 32/2017 to M. A. No.
43/2017 and M. A. No. 76/2017)
Bhartiya Kisan Sangh V/s State of Rajasthan & Ors.
CORAM:
HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present: Applicant /Appellant : Ms. Pragya Baghel, Adv.
Mr. Pushpinder Nanda and Mr. Devender
Singh Advs. in M. A. No. 32 to 47/2017
Mr. Mrinmay Bhattmewara, Mr. Hans Raj
Chawla Adv. in O. A.
No.322/2015 O.A. No. 88/2014 & O. A. No.
89/2014
Mr. Kapil Joshi Adv. in M. A. Nos. 1287-
1319/2016, 1321-1441/2016
State of Rajasthan & RSPCB : Mr. Shiv Mangal Sharma, AAG, Mr. Saurabh
Rajpal, Mr. Adhiraj Singh Rajawat, Advs.
Ms. Pragya Baghel, Adv.
Date and Orders of the Tribunal
Remarks
Original Application No. 322/2015
Item Nos.
15 to 19 M. A. No. 1452/2016
April 17,
2017 By this application, applicant seeks to be
Hb
impleaded in this case on the plea that the applicant is
not a polluter and does not come within the mischief of
the order under execution. Without prejudice to the
contention of the applicant and the applicant in the
1
Original Application and the applicant in this M. A, we
Item Nos.
15 to 19 allow the applicant in M. A. No. 1452/2016 to
April 17,
2017 participate in the proceedings as an intervener.
In view of this, M. A. No. 1452/2016 is allowed and
disposed of by this order.
M. A. No. 74/2017 and M. A. No. 75/2017
By these applications, the applicants seek an order
to stay the order under execution on the plea that they
are not the polluters and thus are entitled to protection of
their property against the demolition. Such submissions
needs to be appreciated only on factual aspect after
hearing the respondents who are bound under order in
question. Hence, we reserve the liberty of the these applicants to urge all grounds in applications when we take up the main matter for hearing.
Hence M. A. No. 74/2017 and 75/2017 stand disposed of with reserving liberty as aforesaid.
List the matter on 17th May, 2017.
Original Application No. 86/2014 List the matter on 17th May, 2017.
Original Application No. 87/2014 M. A. No. 1287/2016 to M. A. No. 1319/2016 and M. A. No. 1321/2016 to M. A. No. 1334/2016 We have heard the applicants in these interlocutory applications.
There are two reliefs sought in each of these applications. First relief is to implead the applicant and permit him to be heard as necessary party in these proceedings. The second relief sought, is to restrain the authority from demolishing the structure owned by these 2 Item Nos. respondents. As regard the first relief is concerned, we 15 to 19 April 17, have already passed the order after the applicant filed 2017 Hb these applications in response to the notice issued. They shall be impleaded as "noticees" vide order dated 24-01- 2017. Hence, concerning the first relief sought by applicant they have been given the right to be heard in these proceedings.
As regards the second relief sought in the application to restrain the authority from demolition of their respective structures is concerned we have already observed that this will be virtually contrary to the order passed by us in these proceedings for enforcing the order passed by us in O. A. No. 87/14 on 08-11-2015 and 04/12/2015 (under execution). Hence, second relief to restrain the demolishing of the structure is declined at present, keeping open the contention to urge at the time of hearing of the case individually with regard to non- applicability of the order in question against them. For these observations M. A. No. 1287/2016 to M. A. No. 1319/2016 and M. A. No. 1321/2016 to M. A. No. 1334/2016 stand disposed of.
List it for further proceedings on 17th May, 2017. Original Application No. 88/2014 List the matter on 17th May, 2017.
Original Application No. 89/2014 List the matter on 17th May, 2017.
In the meanwhile in the Applicant for wavier of cost which is pending for consideration, the order may not be imposed.
..........................................,JM (Dr. Jawad Rahim) 3 Item Nos.
15 to 19
April 17,
2017 ..........................................,EM
hb (Dr. Nagin Nanda)
4