National Green Tribunal
Giriraj Parikrama Sanrakshan Sansthan vs State Of Rajasthan on 29 January, 2020
Item No. 01 to 03 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Execution Application No.19/2018
In
Original Application No. 24/2016
Giriraj Parikrama Sanrakshan Sansthan Applicant(s)
Versus
State of Rajasthan & Ors. Respondent(s)
With
Original Application No. 229/2013
(M.A. No. 363/2017, 1183/2018, 1742/2018 & I.A.
No. 497/2019 & I.A. No. 62/2020)
Giriraj Parikrama Sanrakshan Sansthan
&Ors. Applicant(s)
Versus
Department of Environment & Forests
&Ors. Respondent(s)
With
Original Application No. 280/2017
(M.A. No. 529/2019)
Dwarikadham-RadhikaDham Resident
Welfare Trust Applicant(s)
Versus
Mathura-Vrindavan Development
Authority & Ors. Respondent(s)
Date of hearing: 29.01.2020
CORAM:
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s) Mr. Chetan Sharma, Sr.
Advocate with Mr. Rahul
1
Shukla, Mr.
SarthakChaturvedi and Mr.
Hari Om Sharma, Advocates
with Mr. S. P. Mangal and
Sh. Anand Baba, Advocates
Mr. Rajesh Kumar Lawania,
Advocate
For Respondent(s) Mr. PradeepMisraand Mr.
DaleepDhyani, Advocates
Mr. AmitTiwari, Advocate
with Mr.RohitYadav, SDM
Mr. Ardhendumauli Kumar
Prasad, Advocate
ORDER
I.A. No. 62/2020
This interlocutory application has been filed by Mr. Awanish Kumar Awasthi, Additional Chief Secretary, Govt. of Uttar Pradesh on 27.01.2020. It has been averted in para 1 of the application, as under:-
" 1. The Captioned application is pending adjudication before this Hon'ble Tribunal wherein compliance of various directions is being adjudicated upon. This Hon'ble Tribunal vide order dt. 06.01.2020 directed the Additional Chief Secretary, Government of Uttar Pradesh appear personally on 17.01.2020. However, due to appearance of applicant before the Hon'ble Allahabad High Court, he was unable to appear before this Hon'ble Tribunal and therefore sought exemption by way of an application. This Hon'ble Tribunal vide order dt. 17.01.2020 allowed the said application and directed applicant to remain present on 29.01.2020."
Earlier on 17th January, 2020 while considering the interlocutory application 34/2020 we had passed the following orders:-
"This interlocutory application has been filed by Additional Chief Secretary, Government of Uttar Pradesh seeking exemption from personal appearance today i.e. 17th January, 2020.2
After taking into consideration the progress in these proceedings and the facts and circumstances mentioned in our order dated 11th December, 2019, we had directed the Additional Chief Secretary, Government of Uttar Pradesh to be present before the Tribunal and also to bring the relevant record so as to show the work done, particularly in respect of the roads.
On the next date of hearing i.e. 20th December,2019 an interlocutory application (772/2019) was filed, on behalf of the Additional Chief Secretary, for exemption from personal appearance. It was stated in the application that in view of the prevalent law and order situation and the fact that Friday is a sensitive day, the applicant was unable to appear before the Tribunal on the day fixed. Further, it had been mentioned that the Government had also directed the officials to remain present at the headquarter. The said application was allowed on 20th December, 2019 and the matter was then ordered to be listed on 06th January, 2020.The main matter was ordered to be listed on 17th January, 2020.
Another application seeking exemption from personal appearance (I.A. No. 34/2020) has been filed, on behalf of the Additional Chief Secretary, which has come up before us today. We have perused the application particularly para 2 of the same. In the facts and circumstances mentioned therein we deem it proper to allow the same. It is ordered that personal appearance of the Additional Chief Secretary, Government of Uttar Pradesh be exempted for today."
It has been submitted by the applicant himself, in para 1 of the present interlocutory application that "this Hon'ble Tribunal vide order dated 17th January, 2020 allowed the said application and directed applicant to remain present on 29th January, 2020". In this interlocutory application, in para 5 it has been stated that the applicant has to remain in headquarters for regular monitoring of law and order situation in the entire State. Further, it is stated that as the project of service road is approved by the 3 Cabinet the presence of the applicant may be dispensed with.
A perusal of earlier order of 17th January, 2020 shows that two applications I.A. 772/2019 and I.A 34/2020 had been considered and on account of the reasons given therein the Tribunal had exempted personal appearance of the officer concerned. The fact that the last order of 17th January, 2020 was very much in the notice of the officer wherein it was also observed by us about the urgency of the present proceedings when it had stated:-
"It would be relevant to mention here that in the present case a large number of public, many lakhs, are affected and therefore, these proceedings need to be taken up expeditiously. We hope that the Additional Chief Secretary, Government of Uttar Pradesh shall remain present on the next date, as per the earlier direction."
The fact that the Additional Chief Secretary was to remain present on the next date i.e. 29th January, 2020 is not in dispute as the officer himself has in the instant application mentioned this in para 1, as quoted above.
Besides a bare perusal of order of 17th January, 2020 goes to show that all the earlier applications for exemption and the orders passed thereupon had been taken note of and in the end we had observed that we hope that the officer shall remain present on the next date.
4
We had also made reference to the seriousness and urgency in this matter as lakhs of people are also affected by delay in execution the directions given by the Tribunal.
The reason given in the instant application for exemption of personal appearance of the officer, in our considered opinion, particularly, when the exemption is being sought for the third time and the reason, namely, holding charge of Department of Home and to remain at the headquarters, do not justify the absence of the officer today. It is also noteworthy that on earlier occasions we had accommodated the officer by exempting him from his personal appearance. But it appears from the sequence of events and contents of present application that the officer has gradually and in step by step manner is avoiding his presence before the Tribunal.
It is noteworthy that instant proceedings are for the execution of a final order which was passed as back as, on 4th August, 2015 wherein all the parties including the State Government had made a commitment that the order shall be complied with in letter and spirit. While passing the said order the Tribunal had also observed that compliance would be reported to it periodically, through the District Magistrate, Mathura. The applicant in the original 5 application was given liberty to point out if there is any laxity on behalf of the stakeholders in execution. Despite of categorical directions and order passed by the Tribunal on 04th August, 2015 compliance of the same are yet to be completed, whereas a period of nearly five years have passed. It may be mentioned here that construction roads was not the only direction given in the final order of the Tribunal and any steps taken in that regard is not full compliance. In other words, when the road would be constructed for the benefit of the public at large, including for residents of the neighboring villages, there are other directions which still remain to be executed.
It was in all earnestness that we had expressed in our order dated 17th January, 2020 that we hope that the Additional Chief Secretary shall remain present on the next date for the reason that expeditious execution of the final order passed by the Tribunal on 04 th August, 2015 is necessary because delay in execution has far reaching repercussion on lakhs of people who visit Giriraj Parikarma everyday, specially on Amavasya and Poornima of every month. It appears that despite of the observations made by the Tribunal and the fact that the execution is pending for the last five years, the respondent State and its officers are not taking up these proceedings seriously much less to say in true 6 letter and spirit. If the law and order situation in other part of the State of Uttar Pradesh is essential then maintaining the law and order situation in town of Goverdhan and surrounding area is equally important and the responsibility of the State and its officers. The State Government cannot delay the execution proceedings in the garb of maintaining law and order in the other part of the State because directions given by the Tribunal in the final order are of the nature which require immediate compliance for the benefit of the public at large, which according to us is of no less importance than any other part of State of Uttar Pradesh.
After having given our thoughtful consideration to the interlocutory application 62/2020, including the reason for exemption given therein and looking to the peculiar facts and circumstance of the present proceedings wherein number of directions are yet to be complied with, We direct that Mr. Awanish Kumar Awasthi, Additional Chief Secretary, Govt. of Uttar Pradesh shall remain present on the next date of hearing.
Accordingly, I.A. No. 62/2020 is dismissed as being devoid of merits.
7
List these matters on 31st January, 2020.
Justice Raghuvendra S. Rathore, JM Dr. Satyawan Singh Garbyal, EM JG 8