National Green Tribunal
One Earth One Life vs Ministry Of Environment & Forest & Cc on 31 May, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 06 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 412/2022
(I.A. No. 137/2022)
One Earth One Life Applicant
Versus
Ministry of Environment, Forests and
Climate Change & Anr. Respondent(s)
Date of hearing: 31.05.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Vanshdeep Dalmia, Advocate
ORDER
1. This application seeks following directions:
"i. Pass an Order directing the Respondent MOEF to calculate the damage assessment/ Environmental compensation for all cases, as per the Draft Guidelines for Environmental Damage Assessment cost dated 5.03.2020 issued by the MOEF, including for violations cases submitted under the Notification dated 14.03.2017 and/or SOP dated 7.072021; and ii. Pass an Order directing the Respondent MOEF to exercise its statutory powers (including under Section 3 of the EP Act) and constitute a Violation Compliance Committee of Experts as per Appendix VI of the EIA 2006 to implement and monitor the remediation plan, augmentation plan approved by the regulatory authority under the 14.03.2017 Notification; and iii. Pass an Order restraining the Respondent MOEF and SEIAAs / SEACs from processing and entertaining any Application for ex post facto Environmental Clearance filed after 13.04.2018 i.e. the window period under the Notification dated 14.03.2017 as 1 extended by the Hon'ble Madras High Court in W.P. No. 11189 of 2017; and iv. Pass an order quashing all ex post facto Environmental Clearances granted by the Respondent MOEF and State SEIAAs wherein applications have been filed after 13.04.2017;"
2. Neither any cause of action is shown nor any affected party has been impleaded. Directions sought are general in nature.
3. We are of the opinion that such omnibus prayers cannot be entertained in absence of any live issue and affected parties being before the Tribunal.
The application is accordingly dismissed without prejudice to any other appropriate remedy in accordance with law.
I.A. No. 137/2022 will also stand disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 31, 2022 Original Application No. 412/2022 (I.A. No. 137/2022) DV 2