National Green Tribunal
Nizamuddin West Association vs Union Of India on 28 November, 2017
Author: Swatanter Kumar
Bench: Swatanter Kumar
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 06 of 2012
(M.A. Nos. 641/2015, 1014/2016, 1016/2016, 1243/2016, 564/2017,
1148/2017 & 1237/2017)
And
M.A. Nos. 199/2015, 238/2015, 344/2015, 512/2015, 513/2015,
692/2015, 310/2016 & 508/2016
In
Original Application No. 300 of 2013
And
Original Application No. 164 of 2015
IN THE MATTER OF: -
Manoj Mishra Vs. Union of India & Ors.
And
Manoj Kr. Misra & Anr. Vs. Union of India & Ors.
And
Rajeev Suri Vs. Vice Chairman, DDA & Ors.
CORAM : HON'BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER
HON'BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER
Present Applicant : Mr. Rahul Choudhary, Ms. Meera Gopal, and
Mr. Utkarsh Jain, Advs.
Mr. Sanjay Upadhyay, Ms. Upama
Bhattacharjee and Ms. Eisha Krishn and Ms.
Sharmishtha Shukla, Advs.
Ms. Panchajanya Batra Singh Adv. for MoEF
Mr. V.K. Shukla and Mr. Vijay Laxmi, Adv for
State of M.P, Adv.
Mr. Balendu Shekhar, Adv., Mr. Sriansh
Prakash, Mr. R.K. Maurya, Mr. Ravi Gopal
Advs. for East Delhi Municipal Corporation
Mr. Raj Kumar, Adv. and Mr. Bhupender
Kumar, LA, Central Pollution Control Board.
Mr. Mukul Singh, Adv. for Ministry of
Environment, Forest and Climate Change
Mr. Ishwer Singh, Adv. for National Mission
for Clean Ganga
Mr. Vivek Kumar Tandon and Ms. Mamta
Tandon, adv for R-4
Mr. I.K. Kapila, Adv for Uttar Pradesh Jal
Nigam
Mr. H.S. Phoolka, Sr. Adv. with Mr. Sumeet
Pushkarma, Mr. Divanshu Lahiry, Mr. Vikram
Advs. with CEO for Delhi Jal Board.
Ms. Aditi Singh, Adv for Mr. Narender Pal
Singh, Adv. and Mr. Dinesh Jindal, LO
Mr. Daleep Dhyani, Advs.
Mr. Mukesh Kumar Verma, Adv. for State of
U.P.
Mr. Tarunvir Singh Khehar, Adv., Ms. Guneet
Khehar, Adv. and Mr. Sandeep Mishra, Adv.
for Delhi Jal Board and GNCTD
1
Mr. Dinesh Jindal, LO for Delhi Pollution
Control Committee
Ms Richa Oberoi and Mr. Prateek Kohli, advs.
Ms. Sakshi Popli, Advs. for NDMC & Delhi Jal
Board
Mr. Raj Kumar, Adv. with Mr Bhupender, LA,
Central Pollution Control Board
Mr. Rajiv Bansal, Sr. Adv., Mr. Kush Sharma,
Mr. Hitaish Chauhant, Ms. Malvika Advs. for
Delhi Development Authority
Mr. Anil Grover, AAG, Haryana and Mr. Rahul
Khurana, Adv. for HSPCB
Dr. Sandeep Singh and Mr. Vinay Pal, Adv. for
State of Uttar Pradesh
Ms. Puja Kalra, Adv. for South & North MCD
Mr. Sanjay Upadhyay, Ms. Eisha Krishn, Ms.
Upama Bhattacharjee, Adv
Mrs. D. Bharathi Reddy and Ms. Vidyottma,
Advs. for State of Uttarakhand
Ms. Panchajanya Batra Singh, Adv. for
Ministry of Environment, Forest and Climate
Change
Mr. Balendu Shekhar, Mr. Sriansh Prakash,
Mr. Raj Kumar Maurya, Advs. for East Delhi
Municipal Corporation
Mr. Raj Kumar, Adv. and Mr. Bhupender
Kumar, Ms. Preeti LA, Central Pollution
Control Board.
Mr. Mukul Singh, Adv. for Ministry of
Environment, Forest and Climate Change
Mr. Ardhandumauli Kumar Prasad, Advs. Mr.
Shashank Saxena, Adv.,
Mr. Pradeep Misra and Mr. Daleep Dhyani,
Advs.
Mr. Sanjeev Ralli, Adv. with Mr. Prabhav Ralli
and Mr. Dinesh Jindal, LO, Delhi Pollution
Control Committee
Mr. Manoj Kumar, Adv. for Mr. Moni CInmoy,
Adv for DSIIDC.
Mr. Balendu Shekhar, Adv. for East Delhi
Municipal Corporation and Mr. R.K. Maurya,
Adv.
Mr. D.K. Thakur, AAG and Ms. Seema
Sharma, DAG for State of H.P.
Mr. Tarunvir Singh Khehar, Adv., Ms. Guneet
Khehar, and Mr. Sandeep Mishra, Advs. for
Delhi Jal Board and GNCTD
Mr. Varun Thakur, Mr. Kumar Ajitab and
Sharddha Saran, Advs. for NMCG
Mr. Narender Pal Singh, Adv, Mr. Dinesh
Jindal, LO for Delhi Pollution Control
Committee
Ms. Sakshi Popli, Adv for NDMC
Ms. Sakshi Popli and Ms. Pritika, Advs. for
DJB
Mr. Rajiv Bansal, Sr. Adv., Mr. Kush Sharma,
Mr. Mr. Kanika Singhal and Ms. Vasudha
Trivedi, Advs. for Delhi Development
Authority
2
Mr. Anil Grover, AAG, Haryana, Mr. Rahul
Khurana, Adv. for HSPCB
Mr. Mukesh Verma Adv. for UPCB
Mr. Sumeet Pushkarma and Devanshu Adv.
with Mr. Vikram Singh (CE), Delhi Jal Board
Mr. O.M. Prakash Adv.
Mr. Avneesh Arputham, Mr. Simram Jeet and
Mr. Anuradha Arputham, Advs.
Mr. V. K. Gulati, Adv.
Ms. Hemantika Wahi, adv
Ms. Sakshi Popli, Adv. for State Environment
Impact Assessment Authority TN
Mr. Prateek Kohli, Adv. in MA 641/2015
Date and Orders of the Tribunal
Remarks
Item No.
14 to 16 The Learned Counsel appearing for Ministry of
November Water Resources upon instruction from the officers
28, 2017
present submits that the National Mission for Clean
ss
Ganga has the financial responsibility to aid project which
are intended to clean river Ganga and its tributaries or the
catchment areas if necessary even by putting up STP in
those areas. However this liability is subject to availability
of fund and the project being sanctioned by National
Mission for Clean Ganga. In the preset case Delhi Jal
Board has taken upon itself that the remaining 7 STPs to
be constructed and installed as per the judgment of the
Tribunal and it would be entirely funded by the Delhi Jal
Board. The 7 STPs which National Mission for Clean
Ganga had agreed to finance have been sanctioned under
the ratio of 70:30 and 45.20 Crores have already been
released.
The Learned Counsel appearing for Delhi Jal Board
submits that in terms of the order dated 08th May, 2015
and subsequent orders/minutes of meetings of the
Principal Committee, the financial liability in relation to all
the 14 STPs had to be shared between National Mission
3
for Clean Ganga and Delhi Jal Board in the ratio of 85:15
Item No.
as in the case of JICA funded project. The Delhi Jal Board
14 to 16
November is spending Rs. 437 Crores (approx.) of NMCG share on
28, 2017
Coronation Pillar STP which has a total cost of Rs. 515
ss
Crores. In fact this was also to be shared by National
Mission for Clean Ganga.
It is further stated that the prioritization of the
project was only for the purpose of carrying out the
directions in terms of the judgment effectively and not for
putting entire financial burden on Delhi Jal Board.
Further it is stated that the statement alledged to have
been made by the officer by the Delhi Jal Board is not
correct and it is contradictory to the minutes which are
referred in the report. The contract awarded is for 9 STPs
under one package and 5 under another package and has
accordingly been awarded to the respective parties.
The Learned Counsel appearing for NCT Delhi and
Delhi Jal Board make a statement and submissions before
the Tribunal in relation to the sites available for
establishment of construction of 14 STPs in terms of the
judgment of the Tribunal:-
1.Sites at Jafarpur Kalan, Galibpur, Sarangpur, Kanganheri and Khera Dabur had already been handed over to Delhi Jal Board and Delhi Jal Board in turn has already given possession thereof to the Project Proponent for commencing of the work. In fact part work has already commenced on these sites.
2. The site at Mitraon Kalan, South West Delhi has 4 already been given to Delhi Jal Board, however there Item No. 14 to 16 is passage to be provided to in relation to Khasra November No. 106/1. The steps are being taken to provide 28, 2017 ss passage and once the passage is provided the complete functional site would stand provided to Delhi Jal Board. The survey work at this site by the Project Proponent has already started.
3. The site at Hasanpur and Shikarpur are the sites which have been shifted to a new site in the same area. Both these shifted sites have been provided to Delhi Jal Board. The survey work on both these sites are being carried on by the Project Proponent, however paper work for giving officially the possession of these sites are pending for final action before the administration and the file has been submitted. The file for these two shifted sites has been submitted to the competent authority in lieu of the erstwhile sites which were provided to Delhi Jal Board in 2015 are physically handed over to Delhi Administration. Delhi Jal Board shall provide physical possession of that area to the revenue department of NCT Delhi tomorrow at 10 AM.
4. The sites at Tajpur Khurd, Kazipur, Kakrola, Bijwasan, Kair and Tikri Kalan have the land which is privately owned. The notification under 21 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Delhi Government is making all possible efforts to acquire these lands and handover to Delhi Jal Board.
5
5. The portion at the site in Kakrola should be handed Item No. over to Delhi Jal Board without any further delay.
14 to 16 November 28, 2017 List this matter tomorrow i.e. on 29th November, ss 2017 at 02:00 PM.
..........................................,CP (Swatanter Kumar) ..........................................,JM (Dr. Jawad Rahim) ..........................................,EM (Bikram Singh Sajwan) 6