National Green Tribunal
M C Mehta vs Union Of India on 6 March, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 200 of 2014
(M.A. No. 254/2018)
(C.W.P. No. 3727/1985)
And
Original Application No. 668 of 2017
(Earlier M.A. No. 923/2017)
In
Original Application No. 200/2014)
and
M.A. No. 141 of 2016
In
Original Application No.10 of 2015
IN THE MATTER OF:
M.C. Mehta Vs. Union of India & Ors.
And
M.C. Mehta Vs. Union of India & Ors.
And
Indian Council for Enviro-Legal Action
Vs.
National Ganga River Basin Authority & Ors.
CORAM : HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present: Applicant: Ms. Katyayni and Ms. Mehak, Advs.
Ms. Upama Bhattacharjee and Ms. Eisha
Krishen, Advs. and Mr. Sanjay Upadhyay,
Adv.
Respondent: Mr. B.V. Niren and Mr. Vinayak Gupta,
Advs. for CGWA Mr. Shankar Rastogi and Mr. Prateek Yadav, advs.
Mr. Attin Shankar Rastogi and Mr. Prateek Yadav, Advs.
Mr. Dinesh Jindal, LO for Delhi Pollution Control Committee Mr. V. K. Shukla, Adv. and Mr. Vijay Laxmi and, Advs. for State of Madhya Pradesh Mr. Gautam Singh and Mr. Shoeab Alam, Advs. for State of Bihar Mr. Rupesh Gupta, Mr. Aishwarya Mishra and Mr. Nilava Bandhopadhyay, Advs Mr. Rudreshwar Singh, Adv. for BSPCB Mr. Jayesh Gaurav, Adv. for JSPCB Mr. Rajkumar, Adv. and Ms. Preeti, LA for Central Pollution Control Board Mr. Pinaki Misra, Sr. Adv., Ms. Shweta Bharti, Mr. Neelesh Sinha and Mr. Prerita Aggarwal, Advs. in M.A. Mr. Ishwer Singh, Adv for NMCG Mr. Pradeep Mishra, and Daleep Dhyani, Adv. for UPPCB Mr. Mukesh Verma adv. for UPCB Mr. Raj Kumar, Adv. and Mr. Bhupender Kumar, LA, CPCB Mr. Amit Agarwal and Ms. Asha Basu, Advs. for West Bengal Pollution Control Board Ms. Puja Kalra, Adv. for South and North MCD Mr. Rajul Shrivastav, Adv. Mr. Santosh Kumar, Adv.
Mr. I.K. Kapila, Adv. for Uttar Pradesh Jal Nigam, UK Pey Jal Nigam and Kanpur Nagar Nigam Mr. Om Prakash, Adv. for M/o Railways Mr. Atmaram Nadkarni, ASG for MOEF Dr. Sandeep Singh, Adv for State of Uttar Pradesh.
Mr. Ajay Marwah, for HPPCB Ms. Yogmaya Agnihotri, Adv. and Ms. Prity, Adv. for CECB Mrs. D. Bharathi Reddy and Ms. Vidyottma, Advs for State of Uttarakhand. Mr. Raja Chatterjee, Mr. Piyush Sachdev and Ms. Abhinandini Yadav, Advs. for State of WB Ms. Priyanka Sinha, Advs. for State of Jharkhand Mr. Anil Grover, AAG, Mr. Rahul Khurana, Mr. Mishal Vij. Adv. for State of Haryana and HSPCB Mr. Rahul Verma with Mr. Jaswant Singh, Advs.
Mr. Mukesh Verma and Mr. Pawal Kumar Shukla, Advs, UEPPCB Mr. Varun Thakur, Adv. Mr. Sundeep Director and Mr. Kumar Ajitabh Adv. for National Mission for Clean Ganga Ms. Panchajanya Batra Singh Adv. for MoEF and CC Mr. Amiy Anand Tiwari and Mr. Shashwat Singh advs.
Mr. Sanjeev Ralli, Adv and Mr. Dinesh Jindel LO DPCC Ms. Deep Shikha Bharti, Adv.
Date and Orders of the Tribunal Remarks Item No. We have taken the case for ascertainment regarding 01 to 03 compliance of our directions issued more than once under March 06, 2018 the order referred to 23rd January, 2018. Learned counsel A appearing for the State of Uttarakhand submits that earlier Mr. Amit Anand Tiwari, Deputy Advocate General representing the State for certain reason has relinquished his office and the case is now transferred to him. He seeks time to acquaint with the facts and what transpired till now. However he submits that on behalf of the State report of compliance has been filed. Copies of the same has been served to M.C. Mehta and he has gone through the report. According to him it suffers from deficiencies and does not answer as to whether the directions of the Tribunal have been complied with. He suggests it is better for file fresh compliance report mentioning the directions of the report and nature of compliance.
Item No. We accept his request. 01 to 03 Consequently, we direct that a supplementary March 06, 2018 A report be filed within one week after serving the same to all concerned. We make it clear that no further time will be granted.
On behalf of the Uttarakhand Pollution Control Board the report has been filed. We will consider the same along with other case.
Reply to M.A. No. 254/2018 be also filed before the next date of hearing.
List all the pending matters for consideration on 13th March, 2018.
..........................................,JM (Dr. Jawad Rahim) ..........................................,JM (Raghuvendra S. Rathore) ..........................................,EM (Dr. Satyawan Singh Garbyal) ..........................................,EM (Dr. Nagin Nanda) 06.03.2018