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National Green Tribunal

Nizamuddin West Association vs Union Of India on 22 February, 2018

               BEFORE THE NATIONAL GREEN TRIBUNAL,
                   PRINCIPAL BENCH, NEW DELHI
                    Original Application No. 06 of 2012
M.A. No. 641 of 2015, M.A. No. 1014 of 2016, M.A. No. 1016 of 2016, M.A.
No. 1243 of 2016, M.A. No. 564 of 2017, M.A. No. 1148 of 2017 & M.A. No.
    1237 of 2017 & & M.A. No. 158 of 2018 and M.A. No.161 of 2018)
                                    And
     (M.A. No.199 of 2015, M.A. No.238 of 2015, M.A. No.344 of 2015,
    M.A. No. 512 of 2015, M.A. No. 513 of 2015, M.A. No.692 of 2015,
               M.A. No. 310 of 2016 & M.A. No. 508 of 2016)
                                     In
                    Original Application No.300 of 2013
                                    And
                        Original Application No. 164 of 2015
                                         And
                        Original Application No. 223 of 2016
IN THE MATTER OF:

                 Manoj Mishra Vs. Union of India & Ors.
                                  And
           Manoj Kumar Misra & Anr. Vs. Union of India & Ors.
                                  And
              Rajeev Suri Vs. Vice Chairman, DDA & Ors.
                                  And
      Nizamuddin West Association (Regtd.) Vs. Union of India & Ors.

CORAM :    HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER
           HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
           HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present:   Applicant:                 Mr. Rahul Choudhary, Ms. Meera Gopal and Mr.
                                      Utkarsh Jain, Advs.
                                      Mr. Sanjay Upadhyay, Ms. Eisha Krishn and Ms.
                                      Upama Bhattarcharyajee, Advs.
                                      MR. Anupradhya Singh, Adv. for Applicant
           Respondent No. 1:          Mr. Krishna Kumar Singh, Adv.

Mr. V.K. Shukla, Adv. with Ms. Vijay Laxmi, Advs. for State of MP Mr. Rahul Choudhary, Ms. Meera Gopal and Mr. Utkarsh Jain, Advs.

Mr. Pradeep Misra and Mr. Daleep Dhyani, Advs. Mr. Tarunvir Singh Khehar Ms. Guneet Khehar and Ms. Sandeep Mishra Advs for GNCTD MR. I.K. Kapila, Adv.

Mr. Alok Gupta Adv. for DJB Mr. Narender Pal Singh, Adv. and Mr. Dinesh Jindal, LO Ms. Priyanka Sinha, Adv.

Mr. Varun Thakur, Adv. for National Mission for Clean Ganga Mr. Deep Shikha Bharti, Adv. for State of Uttar Pradesh Mr. Rajiv Bansal, Sr. Adv. and Mr. Kush Sharma, Ms. Vaibhav Nautiyal, Advs. for Delhi Development Authority Ms. Puja Kalra and Mr. Virendra Singh, Advs. Mr. Shiv Mangal Sharma, AAG and Mr. Saurabh Rajpal, Adv.

Mr. Vivek Chib and Mr. Vikramditya, Advs. Mr. Amit Agarwal and Ms. Asha Basu, Advs. Adv. Mr. Dinesh Jindel, LO Mr. Om Prakash, Adv.

Mr. Ravindra Kumar and Mr. Achyut Saxena, Advs.

Mr. Mukesh Verma & Mr. Pawan Kumar Shukla, 1 Advs.

Mr. Arvind Kumar Pandey for Mr. Moni Cinmoy, Adv.

Mr. H.S. Phoolka, Sr. Adv., Mr. Parag Tripathi and, Mr. Alok Guptal, Mr. Sumeet Pushkarna, Advs. MR. Jagdish Arora, CE Mr. Parag Tripathi, Sr. Adv. and Mr. Alok Gupta, Adv.

Mr. Balendu Shekhar and Mr. Rajkumar Mauray and Mr. Sriansh Prakash, Advs. Dr. Sandeep Singh and Mr. Vinay Pal, Advs. for State of UP Mr. Varun Thakur and Ms Shraddha Saran for NMCG, Advs.

Mr. Ishwer Singh, Adv.

Sundeep, Director for NMCG Mr. Raja Chatterjee Mr. Piyush Sachdev, and Mr. Abhinandini Yadav, Advs. Mr. Ajay Marwah, Adv.

Mr. Attin Shankar Rastogi and Mr. Prateek Yadav, Advs.

Mr. Ishwer Singh, Adv.

Mr. Dinesh Jindal, LO Mr. Sanjeev Ralli and Mr. Mohit Chugh, Adv.with Mr. Dinesh Jindel Lo, DPCC Mr. B.V. Niren and Mr. Vinayak Gupta, Adv. Mr. Rahul Pratap, Adv. for Ministry of Environment, Forest and Climate Change Mr. A. K. Prasad and Mr. Shashank Saxena, Advs. For MoUD Mr. Anil Grover AAG and Mr. Rahul Khurana, Adv. for State of Haryana & HSPCB Mr. Varun Thakur and Mr. Kumar Ajitabh Director , for National Mission for Clean Ganga Mr. VK Gulati, Adv. in Miscellaneous Application No. 1014/2016 MR. H.S. Phoolka, Sr. Adv., Mr. Parag Tripathi, Mr. Sumeet Pushkarna and Mr. Devanshu Sahiny, Advs. Mr. Praveen Bhargava, CNO Ms. Richa Oberoi and Mr. Ankit Banati, Advs. Mr. Vivek Kumar Tondon, Adv.

Mr.Avneesh Arputham, Mr. Kabeer Shrivastava and Ms Simran Jeet, Advs.

Mr. Mukul Singh, Adv.

Mr. Abhishek Paruthi, Adv. Ms. Urmila Thakur, LO and Ms. Neeti Choudhary, LA Mr. Anchit Sharma, Mr. Satamita Ghosh and Mr. Dipankar Wadhwa, Advs.

Mr. Rajkumar Adv. with Ms. Preeti, LA Ms. Sakshi Popli, Adv. for NDMC Ms. Rupam Sharma, Adv.

Date and Orders of the Tribunal Remarks Item Nos.

01 to 04 It is submitted by the State of Haryana and also on February behalf of Delhi Jal Board and NCT of Delhi that in 22, 2018 pursuance to the order dated 16th February, 2018 meeting SS & A was held, but the Chief Secretary of NCT Delhi did not participate. However, the meeting proceeded with the participation of Officers from NMCG and other Officers 2 and Minutes have to be finalised.

It is submitted that most of the issues resulting to Item Nos. pollution and steps required to be taken, were discussed 01 to 04 and report will be submitted to the Tribunal. Permitted. February 22, 2018 In the meanwhile, we direct State of Haryana and SS & A also NCT Delhi to take required steps to check the pollution. Though, the issue is with regard to high level of Ammonia in the water which is reaching the water reservoir of Delhi Jal Board, if you take the entire river eco-system the pollution level in the portion of the river passing Delhi also needs to be properly checked. In the circumstances, we direct both, the State of Haryana and NCT of Delhi to ensure that they identify the source of pollution and address it appropriately. The Central Pollution Control Board and Delhi Pollution Control Committee shall be involved to ensure the erring industry or local bodies and other parties who are causing pollution are dealt with appropriately and check the pollution level.

The report submitted earlier by the Central Pollution Control Board to the Tribunal needs to be rechecked both with regard to pollution levels of Ammonia downstream at Khojkipur Drain No. 2 and Khojkipur drain as a figures appearing in the report appear to be incorrect.

The Central Pollution Control Board shall monitor the entire process. We have directed to be undertaken by the State of Haryana and NCT Delhi.

Report be submitted before the Tribunal by Monday.

List these cases on 27th February, 2018.

Issue order by dasti.

..........................................,JM (Dr. Jawad Rahim) 3 ..........................................,JM (S.P. Wangdi) Item Nos.

 01 to 04

February    ..........................................,EM
22, 2018    (Dr. Nagin Nanda)
                              22.02.2018
  SS & A




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