National Green Tribunal
Geeta Devi vs Ministry Of Environment Forest And ... on 22 December, 2020
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Items No. 01-08
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 96/2020/EZ
With
Original Application No. 97/2020/EZ
With
Original Application No. 98/2020/EZ
With
Original Application No. 62/2020/EZ
(I.A. No. 54/2020 & I.A. No. 91/2020)
With
Original Application No. 66/2020/EZ
(I.A. No. 68/2020 & I.A. No. 92/2020)
With
Original Application No. 71/2020/EZ
(I.A. No. 65/2020 & I.A. No. 95/2020)
With
Original Application No. 72/2020/EZ
(I.A. No. 66/2020, I.A. No. 94/2020 & I.A. No. 97/2020)
With
Original Application No. 73/2020/EZ
(I.A. No. 67/2020 & I.A. No. 93/2020)
Bipul Kumar Applicant(s)
Versus
Union of India & Ors. Respondent(s)
With
Alok Kumar Singh Applicant(s)
Versus
Union of India & Ors. Respondent(s)
With
Ranjeet Kumar Applicant(s)
Versus
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Union of India & Ors. Respondent(s)
With
Geeta Devi Applicant
Versus
Union of India & Ors. Respondent(s)
With
Om Prakash Yadav Applicant
Versus
Union of India & Ors. Respondent(s)
With
Mithlesh Kumar Applicant
Versus
Union of India & Ors. Respondent(s)
With
Raju Kumar Applicant
Versus
Union of India & Ors. Respondent(s)
With
Suman Kumar Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 22.12.2020
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CORAM: HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HONB'LE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant (s): Mr. Vinay Krishan Tripathy,
Advocate (in Items No. 01-03)
Mr. Pinaki Mishra, Senior Advocate
a/w Mr. Pankaj Bhagat and Mr.
Kripa Shankar, Advocates (in Item
No. 04).
Mr. Kripa Shankar Prasad and Mr.
Pankaj Bhagat, Advocates (in Item
No. 05-08).
Mr. Pawanshree Agarwal, Advocate
in I.A. No. 101/2020/EZ.
Mr. Raj Panjwani, Senior Advocate
a/w Ms. Sadapurna Mukherjee,
Advocate in I.A. No. 100/2020/EZ
For Respondent(s): Mr. Atmaram Nadkarni, Senior
Advocate a/w Mr. Keshav Mohan
and Mr. Surendra Kumar, Advocates
for State of Bihar (in Items No. 01-
08).
Ms. Anamika Pandey, Advocate for
SEIAA, Bihar.
Ms. Amrita Pandey, Advocate for
Bihar State Pollution Control Board.
Mr. Sibojyoti Chakrbarti, Advocate
for CPCB (in Item No. 05).
Mr. Gora Chand Roy Chowdhury,
Advocate for MoEF&CC.
Mr. Soumitra Mukherjee, Advocate
for Respondent No. 2.
ORDER
O.A. No. 96/2020/EZ; O.A. No. 97/2020/EZ & O.A. No. 98/2020/EZ
1. These cases are said to be similar to O.A. No. 62/2020/EZ, O.A. No. 66/2020/EZ, O.A. No. 71/2020/EZ, O.A. No. 72/2020/EZ and O.A. No. 73/2020/EZ. Upon perusal of the applications and upon 4 hearing the learned Counsel for the Applicant the cases deal with District Survey Report (DSR) pertaining to rivers Kiul and Phalgu in the State of Bihar. The cases, therefore, have been taken up together with the aforesaid five cases.
O.A. No. 62/2020/EZ, O.A. No. 66/2020/EZ, O.A. No. 71/2020/EZ, O.A. No. 72/2020/EZ & O.A. No. 73/2020/EZ
2. In terms of order dated 06.11.2020, the Committee has filed its report. It is stated that the report is in three volumes but we have only one volume before us.
3. Notwithstanding the above position, undeniably identical questions and issues as the ones involved in the present cases were considered in O.A. No. 40/2020/EZ1 and O.A. No. 57/2020/EZ2 and by a common order dated 14.10.2020 a fresh DSR in respect of Banka District of Bihar was directed to be prepared.
4. We have been informed today that Civil Appeal No. 3661- 3662/2020 has been preferred against the order dated 14.10.2020 before the Hon'ble Supreme Court and, vide 1 Pawan Kumar v. State of Bihar & Ors.
2Md. Rizwan v. Union of India 5 order dated 11.12.2020 notices have been issued in those Appeals.
5. Mr. Atmaram Nadkarni, learned Senior Advocate, appearing on behalf of the State of Bihar submits that the State is committed to comply with the directions contained in paragraph 103 of the order dated 14.10.2020 passed in O.A. No. 40/2020/EZ and O.A. No. 57/2020/EZ but pending such compliance, the process of Environmental Clearance (EC) should be permitted to continue in order to save time and cost.
6. Mr. Pinaki Mishra, learned Senior Counsel appearing on behalf of the Applicant in O.A. No. 62/2020/EZ, however, objects to the above submission and states that when the very DSR based upon which Sand Ghats had been allotted is under a cloud by virtue of the order dated 14.10.2020 (supra), the question of continuing with the process of EC would not arise.
7. We have heard learned Counsel for the parties and we are of the view that since the issue is now under consideration before the Hon'ble Supreme Court in the Appeals referred to above, no order need to be passed as 6 prayed for on behalf of the State. It is ordered accordingly.
8. Mr. Raj Panjwani, learned Senior Advocate, appearing on behalf of M/s. Santosh Promoters Pvt. Ltd. in O.A. No. 73/2020/EZ, prays that the application for impleadment filed by the company be permitted being the successful leaseholder of the Sand Ghats in question. Similar prayer is made by Mr. Pawan Shree Agarwal, learned Counsel appearing in I.A. No. 101/2020 in O.A. No. 66/2020/EZ.
9. The prayers are allowed.
10. The Registry is directed to amend the cause list accordingly.
11. Let the Applicant furnish sets of papers to the newly added respondents within two weeks from hence.
12. Since the report of the Committee has been served upon the parties, they are at liberty to file responses before 15.01.2021. The newly added respondents may also file their responses to the main application before the said date.
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13. I.A. No. 54/2020, I.A. No. 65/2020, I.A. No. 66/2020, I.A. No. 67/2020 and I.A. No. 68/2020 along with I.A. No. 92/2020, I.A. No. 93/2020, I.A. No. 94/2020, I.A. No. 95/2020 and I.A. No. 97/2020 have been filed substantially for add interim orders which has since been rendered infructuous in view of the order dated 06.11.2020. The IAs are accordingly disposed off.
14. List for hearing on 02.03.2021.
15. In the event of any exigency arising in the interregnum, any of the parties is at liberty to move the Tribunal for an early hearing.
16. To 02.03.2021.
S.P. Wangdi, JM Saibal Dasgupta, EM 22nd December, 2020 O.A. No. 62/2020/EZ and other connected matters avt