National Green Tribunal
Vardhaman Kaushik vs Union Of India on 14 May, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
(M.A. No. 1177/2017, M.A. No. 1314/2017, M.A. No. 1361/2017, M.A. No.
1366/2017, M.A. No. 1375/2017, M.A. No. 1424/2017, M.A. No. 1425/2017,
M.A. No. 1431/2017, M.A. No. 1526/2017,M.A. No. 1503/2017, M.A. No.
15/2018, M.A. No. 43/2018, M.A. No. 134/2018, M.A. No. 206/2018, M.A. No.
207/2018, M.A. No. 208/2018, M.A. No. 301/2018, M.A. No. 302/2018, M.A. No.
336/2018, M.A. No. 360/2018, M.A. No. 377/2018, M.A. Nos. 567/2018,
568/2018, 575/2018, 579/2015, 621/2018, 631/2018, 636/2018, 666/2018,
687/2018 & 744/2018)
In
Original Application No. 21/2014
And
Execution Application No. 26 of 2018
In
M.A. No. 1177 of 2017
In
Original Application No. 21/2014
IN THE MATTER OF :
Vardhaman Kaushik Vs. Union of India
CORAM : HON'BLE DR. JUSTICE JAWAD RAHIM, ACTING CHAIRPERSON
HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present: Applicant: Mr. Sanjay Upadhyay, Mr. Sumitra Jaiswal, and Ms.
Upama Bhattacharjee, Advs.
Respondents:
Mr. Gautam Singh and Mr. Shoeab Alam, Advs. for State of Bihar Mr. K.P. Gautam and Mr. S. V. Rateria, Advs. Mr. K.V. Jagdishvaran and Mrs. G. Indira, Ms. Koj Yassung, Mr. Bhupesh Narula Advs. for UT of Andaman and Nicobar Administration Ms. Priyanka Sinha, Adv.
Mr. Dhruv Dwivedi, Adv.
Mrs. Rani Chhatri, adv Mr. Narender Pal Singh, Adv. and Mr. Dinesh Jindel, LO and Ms. Aditi Singh, Adv. for DPCC Mr Anil Shrivastava, Mr Rituraj Biswas and Ms. Sujaya Bardhan, Advs.
Mr. Vijay K. Sondhi and Ms. Cauvery Birbal and Mr. Sarvajeet Kumar Advs.
Mr. Balendu Shekhar, Adv., Mr. Sriansh Prakash and Mr. R.K. Maurya, Adv EDMC Mr. Om Prakash, Adv. for M/o. Railway Mr. Mukesh Verma Adv.
Mr. Debopriya Pal, Adv.
Mr. Anchit Sharma and Mr. Dipankar Wadhwa, Advs. for DCB MR. Arjun Sawhney, Mr. Millan Deep Singh and Mrs. Alika K. Sawhney, Advs.
Mr. Amber Sachdeva and Mr. Chirag Mittal, Advs. in MA 744/2018 MR. Raman yadav, Adv. for GDA Mr. Tayenjam Momo Singh, Adv. MS. Srishthi Thukral, Adv.
Mr. Jogy Scaria and Ms. Beena Victor , Advs.
1Mr. Edward Balho, and Mr. K. Luikang Michael and Ms. Hoineithiam, Advs. for State of Nagaland Mr. Tushant, Adv.
Mr. Mukul Singh, Adv. for Ministry of Environment, Forest and Climate Change Mr. Rajul Shrivastav, Adv.
Mr. Nishe Rajen Shonker, Ms. Anu K. Mr. Alim Anuar,Advs. for State of Kerala Mr. Arjun Syal and Mr. Shruyan Das, Advs. Mr. Tarunvir Singh Khehar, Ms. Guneet Khehar and Mr. Sandeep Mishra, Advs. for GNCTD Mr. Ravindra Kumar and Mr. Achyut Saxena, Advs. Mr. R. Rakesh Sharma, Adv. and Mr. V. Mowli, Adv. for State of Tamil Nadu and TNPCB Mr. Deepak Mehra, Adv.
Mr. L. Roshmani KH, Adv.
Mr. Shiv Mangal, AAG, Mr. Saurabh Rajpal, Mr. Adhiraj Singh and Mr. Vikramjeet Singh, Advs. Ms. Sakshi Popli, Adv. for NDMC Ms. Yogmaya Agnihotri and Ms. Prity, Advs. for CECB Ms. Aruna Mathur, Mr. Avneesh Arputham, Ms. Anuradha Arputham and Ms. Simran Jeet, Advs. for State of Sikkim Ms. Puja Kalra, Adv. for SDMC and NDMC Mr. Naginder Benipal, Adv.
Mr. Neeraj, Mr. Sahaj Garg, Advs. Mr. Dheeraj, Adv.
Mr. RAjeshwar Rao, Adv. for Delhi Police Mr.Moni Cinmoy, Adv.
Mr. Raja Chatterjee and Mr. Piyush Sachdev, Mr. Abhinandini Yadav, Advs.
Dr. Sandeep Singh, Mr. Vinay Pal, Adv.for State of Uttar Pradesh Ms. Priyanka Swami, Adv. with Mr. Aakash Singh, Adv. For Nagar Nigam Ghaziabad Mr. Udaibir Singh Kochar and Mr. Ashwani Kumar Jain, adv.
Mr. Guntur Prabhakar, Mr. Pramod Kumar and Mr. Gautam Prabhakar, Advs.
Mr. V.K. Shukla, Ms. Vijay Laxmi, Advs. for State of M.P. Mr. Tarang Gupta, Adv.
Mr. Ajay Marwah, Adv. for State of Himachal Pradesh Mr. Rajiv Bansal, Sr. Adv., Mr. Kush Sharma and Ms. Charu Bansal and Mr. Vaibhav Nautiyal, Advs. MR. M. Paikaray, Adv.
Mr. Anjkur Chibber, Adv.
Mr. Rajkumar, Adv. and Ms. Preeti, LA Mr. Pradeep Misra and Mr. Daleep Kr. Dhyani, Advs. for UPPCB Mr. Biswaranjan Paramguru, Adv. Mr. Rudreshwar Singh, Adv. for Bihar SPCB Mr. Rahul Khurana, Adv. for Applicant in M.A. NO. 521 of 2018 Mr. Rajneesh Bhardwaj adn Mr. RAhul Sharma, Advs.in M.A. No. 567/2018, 568/218 and 575/2018 Mr. Shuvodeep Roy and Mr. Vinayak Gupta, Advs. for State of Assam Mrs. K. Enatoli Sema and Mr. Amith J., Advs. Mr.N.M. Popli and Mr. V.M. Popli, Advs. Mr. Shuvodeep Roy and Mr. Rituraj Biswas, advs. Mr. Nikhil Singhvi, Ms. Nikita Pandey and Mr. Mohit Seth, Advs.
Mr. Anil Grover, AAG Haryana Ms. Hemantika Wahi, AOR and Ms. Mamta Singh, Adv. Mr. Atul Jha, Adv.
Mr. Jayesh Gaurav, Adv.
2Date and Orders of the Tribunal Remarks Item Nos.
37 to 39 M.A. No. 1431/2017May 14, The Applicant is present. He submits that he will 2018 A initiate independent Original proceeding under Section 14 of the National Green Tribunal Act, 2010 seeking substantial relief instead of maintaining this Misc.
Application. Submissions placed on record.
Item Nos. Accordingly, M.A. No. 1431/2017 stands disposed 37 to 39 of without any order as to costs reserving liberty to the May 14, 2018 Applicant to bring a fresh comprehensive case for A adjudication.
M.A. No. 360 of 2018The Applicant in this Misc. Application to ascertain the number of diesel vehicles they have which are not BS -
IV compliant. Upon furnishing the said information we shall consider this Application.
List this matter on 25th May, 2018.
M.A. Nos. 567/2018, 568/2018 and 575/2018 Learned counsel for the Applicant in the above Misc.
Applications submits that he may be permitted to withdraw these Applications with liberty to file a fresh.
Submissions placed on record.
Accordingly, M.A. Nos. 567/2018, 568/2018 and 575/2018 stand disposed of without any order as to costs.
M.A. No. 621/2018The Applicant - M/s Prince Road Lines seeks 3 permission to purchase four BS- IV tankers which are EURO- IV compliant for transportation of aviation turbine fuel to the aircraft in the Airport in terms of the work order which is at pages numbers 2413 to 2135.
We have heard the learned counsel and perused the grounds urged.
As could seen from the proceedings in this case, in Item Nos.
37 to 39 the similar circumstances we have permitted BS- IV May 14, Compliant vehicles and issued appropriate directions to 2018 A the registering Authority keeping in mind the order passed by us in M.A. No. 1476 of 2017 and other connected matters on 30th January, 2018. The relief sought in the present Application is similar to the relief in those cases we allow this Application in the same terms and conditions, reiterating and imposing the following directions:-
1. That the new vehicles that are sought to be registered now should be BS-IV compliant.
2. The Applicant shall file an Affidavit before the Tribunal as well as before RTO that they do not possess or engage any diesel vehicle/truck/tanker which is more than 10 years old for the purpose of transportation.
3. It is also directed to furnish details of the other vehicles owned by this Applicant in the form of Affidavit.
4. The said vehicle should be duly maintained and used only for exclusive purpose of carrying petroleum products and providing essential services or as indicated herein and no other use.
5. It should not increase the width or height of the vehicles and it should be strictly within the specified limit.
6. All these vehicles will be fitted with GPS.
7. The log-book shall also be maintained.
With the above observations, M.A. No. 621 / 2018 stands disposed of without any order as to costs.
4 M.A. No. 636 of 2018None appear. Application is dismissed for default of appearance.
Item Nos.
37 to 39 M.A. No. 744/2018May 14, Let objection to the Reply be filed before the next 2018 A date of hearing.
List this matter on 25th May, 2018.
All the remaining Misc. Application shall be listed on 25th May, 2018 Main matter We have perused the reference order by the learned Registrar General order passed on 24th April, 2018. Our attention is drawn by the learned counsel appearing for East Delhi Municipal Corporation to the findings recorded by the learned Registrar General. Learned counsel for East Delhi Municipal Corporation submits that he will come back with the positive reports on the observation made on the said. Hence two weeks time is granted.
List this matter regarding East Delhi Municipal Corporation and NDMC violators on 06th July, 2018.
Execution Application No. 26/2018 Reply be filed before the next date of hearing.
List this matter on 25th May, 2018 the date already fixed.
5Original Application No. 44 of 2018 List this matter on 21st May, 2018. Item Nos.
37 to 39 May 14, 2018 A ........................................,ACP (Dr. Jawad Rahim) ..........................................,JM (S.P. Wangdi) ..........................................,EM (Dr. Nagin Nanda) 14.05.2018 6