National Green Tribunal
Samir Mehta vs Union Of India on 13 November, 2017
Author: Swatanter Kumar
Bench: Swatanter Kumar
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 24 of 2011
(Civil Appeal No. 10312/2016)
And
Execution Application No. 34/2016
(M.A. No. 1031/2017)
In
Original Application No. 24 of 2011
And
Original Application No. 84 of 2017
(Earlier O.A. No. 24 of 2011)
And
Original Application No. 571 of 2016
(Earlier O.A. No. 24 of 2011)
IN THE MATTER OF:
Samir Mehta Vs. Union of India & Ors.
And
Samir Mehta Vs. Union of India & Ors.
And
Samir Mehta Vs. Union of India & Ors.
And
Samir Mehta Vs. Union of India & 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. Raj Panjwani, Sr. Adv. with Mr. Rahul
Choudhary and Mr. Utkarsh Jain, Advs
Respondent No. 1 : Ms. Panchajanya Batra Singh, adv. for MoEF &
CC Mr. Gautam Singh and Mr. Rudreshwar Singh, Advs. for Bihar SPCB Mr. Pradeep Misra and Mr. Daleep Dhyani, Advs. for UPPCB Mr. Shiv Mangal Sharma, AAG, Mr. Santosh Rajpal and Mr. Adhiraj Singh, Advs. for RSPCB Mr. A.K. Prasad, and Mr. Shashank Saxena, Advs. for Coast Guard of India Mr. Tarunvir Singh Khehar & Ms. Guneet Khehar, Mr. Sandeep Misra Advs Mr. Amit Tiwar, State of UP Mr. Anil Grover, AAG Haryana with Mr. Rahul Khurana, Adv. and Mr. Sandeep Yadav, Adv. for Haryana State Pollution Control Board Mr. Priyanka Mangal, Adv. for R-08 Mr. Attin Shankar Rastogi and Mr. Prateek Yadav, Advs. for Ministry of Environment, Forest and Climate Change Mr. Anil Srivastava, Mr. Rituraj Biswas and Ms. Sujaya Bardhan, Advs. for State of Arunachal Pradesh Mr. Rajkumar with Mr. Bhupender Kr. Central Pollution Control Board Mr. Preshit Surshe, adv for State of Maharasthra.
Mr. V. K. Shukla and Mr. Vijay Laxmi, Adv for State of M.P. Mr. Abhay Pratap Singh and Mr. Vipin Nair, Advs.
Ms. Puja Kalra, Adv for South and North MCDs Mr. Aruna Mathur, Mr. Avneesh Arputham and Ms. Anuradha Arputham and Mr. Amit Arora, Advs. for State of Sikkim Mr. Dhruv Pal, Adv and Mr. Himanshu Pal, Adv Ms. Alpana Poddar, Adv with Mr. Bhupender Kumar, LA, CPCB 1 Mr. Sanjeev Ralli, Adv. with Mr. Dinesh Jindal, LO for DPCC Mr. B.V. Niren and Mr. Vinayak Gupta Adv. for MHA Mr. Mukesh Verma Adv.
Ms. K. Enatoli Sema, Adv. and Mr. Amith.J,Adv for Nagaland Pollution Control Board Mr. Jogy Scaria Mrs Beena Virlor, Ms. Miranda Solaman & Mr. Reeghan Adv for State of Kerala & Keralaf State PCB Mr. Rahul Pratap, Adv. for MoEF Mr. Gopal Singh and Mr. Rituraj Biswas, Advs. for State of Tripura & TSPCB Mr. G. M. Kawoosa, Adv for J & K PCB Mr. Devraj Ashok, Adv. for State of Karnataka Mr. K. V. Jagdishvaran, Ms. G. Indira and Mr. Bhupesh Narula, Advs for Andaman & Nicobar Island Mr. Nishe Rajen Shonker, Adv. for State of Kerala Mr. Avijit Roy, Adv. for Assam Pollution Control Board Ms. Yogmaya Agnihotri & Ms. Prity, Advs. for CECB Mr. A.K. Panda, Mr. S. Panda and Mr. M. Paikaray, Advs. Odisha PCB Mr. R. Rakesh Sharma and Mr. V. Mowli, Adv. for State of TN & TNPCB Mr. Raja Chatterjee, Mr. Chanchal Kr. Ganguli and Mr. Piyush Sachdev, Adv Mr. Shubham Bhalla, Advs for Chandigarh Administation Mr. Amit Agarwal and Ms. Asha N. Basu, Advs. for West Bengal Pollution Control Board Mr. Jayesh Gaurav, Adv. for JSPCB Ms. Priyanka Sinha, Adv for Jharakhand Mr. Ravindra Kumar, Adv. for NOIDA Mr. Pradeep Mishra and Mr. Daleep Kr. Dhyani, Advs. for UPPCB Mr. Abhimanyu Garg and Ms. Preety Makkar, Adv. for UT of Puducherry Mr. Dinesh Jindal, LO for DPCC Mr. Rajul Shrivastav, Adv. for MPPCB Mr. Mukesh Verma, Adv for MPCB and UPCB. Mrs. D. Bharathi Reddy, Adv. for State of Uttarakhand Date and Orders of the Tribunal Remarks Item No. 21 & 24 We have heard the Learned Counsel appearing for November the parties.
13, 2017 SS This is typical case where the Union of India has despite grant of various opportunities failed to execute the degree for Rs. 100 Crores passed in their favour.
The matter has been pending for a considerable time, now we have granted more than 20 opportunities to Union of India to take steps, of course without any effective results.
2Be as that it may, we have left no option there. We Item No. close the Execution Application No. 34 of 2016 for non- 21 & 24 November prosecution. If any subsequent time granted the Union of 13, 2017 India have any right for execution of the judgment in SS favour, it may take steps in accordance with law.
With the directions Execution Application No. 34 of 2016 stands disposed of.
The Original Application No. 24 of 2011 is also closed finally. As far as the question of deposit of environmental compensation imposed by the Tribunal upon various persons, authorities etc. to Central Pollution Control Board and the State Pollution Control Board of the orders passed in that regard in these applications should be placed on the records of Almitra H. Patel & Anr. Vs. Union of India & Ors. where the matter is being dealt with more comprehensively.
Liberty to Central Pollution Control Board and to State Boards to file appropriate application in that case.
With these directions Original Application No. 84 of 2017 and Original Application No. 571 of 2016 also stand disposed of as the main Original Application has been disposed of.
M.A. No. 1031 of 2017This application does not survive for consideration as the main application itself stands disposed of.
Thus the M.A. No. 1031 of 2017 stands disposed of.
With these directions all the four cases i.e. Original Application No. 24 of 2011 (Civil Appeal No. 10312/2016) And Execution Application No. 34/2016 (M.A. No. 1031/2017) In Original Application No. 24 of 2011 And 3 Original Application No. 84 of 2017 (Earlier O.A. No. 24 of Item No. 2011) And Original Application No. 571 of 2016 stand 21 & 24 November disposed of.
13, 2017 SS ..........................................,CP (Swatanter Kumar) ..........................................,JM (Dr. Jawad Rahim) ..........................................,EM (Bikram Singh Sajwan) 4