National Green Tribunal
Paryavaran Suraksha Samiti & Anr vs Union Of India on 12 March, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 593 of 2017
(W.P. (C) No. 375 of 2012)
Paryavaran Suraksha Samiti & Anr.
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. Rohit Prajapati, party in person
Amicus Curiae: Mr. Jai A. Dehadrai, Adv.
Respondent Nos. Mr. Nishe Rajan Shonker, Adv, Mr. Anu K. Joy
and Mr. Alim Annar, Advs. for State of Kerala Mr. Gopal Singh, Mr. Rituraj, Advs. for State of Tripura Mr. Tarunvir Singh Khehar, Ms. Guneet Khehar Mr. Sandeep Mishra Advs. for GNCTD/DPCC Mr. Bhupender Kumar LA` for CPCB Mr. Anil Shrivastava Mr Rituraj Bswas and Ms. Sujaya Bardhan, Advs. for State of Arunachal Pradesh Mr. Ajay Marwah, Adv. HPPCB Mr. Jogy Scaria, Ms. Beena Victor and Ms. Miranda Solaman and Mr. Reeghan S. Bel, Advs. for Kerala State Pollution Control Board Mr. Pragyan Pradip Sharma and Ms. Anandini Kumari, Advs. for State of Mizoram Mr. Jayesh Gaurav, Adv. for JSPCB Mr. Rajesh Kumar Das, Adv. for UT Lakshadweep Administration Mr. Jai Dehadresi, Adv. (Amicus) and Mr. Sulkasth Arora, Adv.
Mr. Rohit Prajapati, Adv.
Mr. Anmol Khera for PPCB Mr. Avijit Roy, Adv. for Assam Pollution Control Board Mr. Leishangthem Roshmani Kh. Adv. Mr. Nikhil Nayyar, Ms. Smriti Shah, Advs. for APPCB and TSPCB Mr. Shlok Chandra, Adv. for Central Pollution Control Board Ms. Kanika Singh and Mr. Arunav Patnaik, Advs.
Mr. Mukesh Verma, Adv.
Mr. Tarunvir Singh Khehar, Adv. and Ms. Guneet Khehar, Adv. and Mr. Dinesh Jindal, LO for DPCC Ms. Aruna Mathur, Mr. Avneesh Arputham and Ms. Anuradha Arputham, Ms. Simranjeet Advs. for State of Sikkim Mr. Shubham Bhalla, Adv. for Chandigarh PCB Mr. Himanshu Pal, Adv. for State of Gujarat Mr. Raja Chatterjee, Mr. Piyush Sachdev, Mr. Abhinandini Yadav, Advs. and Advs. for State of WB Mr. Edward Belho, AAG, Mr. K. Luikang Michael and Ms. Hoineithiam, Advs. for State of Nagaland Ms. Enatoli Sema, Adv. for State of Nagaland and Pollution Control Board Mr. M. Paikaray and Mr. A.K. Panda, Advs. for SPCB, Odisha Ms. Aprajita Mukherjee, Adv. for State of Meghalaya Mr. Dhruv Pal, Adv. for Gujarat Pollution Control Board Mr. Amit Agarwal and Ms. Asha N. Basu, Advs. for WBPCB Mr. Tanay AK Pareek and Ms. Parul Jagota, Advs. for UT of Daman and Diu Mr. V.K. Shukla, Adv. and Ms. Vijay Laxmi, Adv. for State of MP Mr. P. Venkat Reddy and Mr. Prashant Tyagi, Advs. for State of Telegana Mr. G.M. Kawoosa, Adv. for State of J& K and Pollution Control Board Mr. Tayenjam Momo Singh, Adv. for Meghalaya Pollution Control Board Mr. Tanpreet Gulati and Ms. Twisha Issar, Advs. for UT of Daman and Diu Mr. Gautam Singh and Mr. Shoeab Alam, Advs. for State of Bihar Mr. Gautam Singh and Mr. Rudreshwar Singh, Advs. for BSPCB Mr. K.V. Jagdishavaran, Adv., Mr. Bhupesh Narula and Ms. G. Indira, Adv. for State of UT and Andaman & Nicobar Mr. Ja A. Dehadrai, Amicus Curiae Mr. Balendu Shekhar, Adv. for Ministry of Environment, Forest and Climate Change Mr. D.K. Thakur, AAG and Ms. Seema Sharma, DAG for State of Himachal Pradesh Ms. Puja Kalra, Adv. for SDMC Mr. Ashish Negi, Adv. for Ms. Richa Kapoor, Adv. for PPCB Mr. Anil Grover, AAG, Mr. Rahul Khurana, and Mr. Mishal Vij.f, Advs for State of Haryana and HSPCB Ms. Yogmaya Agnihotri, Adv. and Ms. Prity, Adv. for CECB Mr. S.S. Shamshery, AAG and Mr. Ankit Raj, Adv. for State of Rajasthan Ms. Sakshi Popli, Adv. for Ministry of Environment, Forest and Climate Change Mr. Shuvodeep Roy, Adv. and Mr. Sayooj Mohandas, Adv. for State of Assam Mr. Shashank Bajpai and Mr. Shakun S. Shukla, Advs.
Ms. Priyanka Sinha, Adv. for State of Jharkhand Mr. Rajul Shrivastav, Adv. for MPPCB Mr. Abhimanyu Garg and Preety Makkar, Advs. Mr. Raj Kumar, Adv. with Mr. Bhupender Kumar and Ms. Urmila Thakur, LA, CPCB Ms. Shikhar Saha, Adv. for State of Odisha Mr. Pradeep Misra and Mr. Daleep Dhyani Advs. for UPPCB Mr. R. Rakesh Sharma and Mr. V. Mowli, Advs. for State of TN & TNPCB Mr. Devraj Ashok, Adv. for State of Karnataka Mr. Shiv Mangal Sharma, AAG, Mr. Adhiraj Singh and Mr. Saurabh Rajpal, Advs. for State of Rajasthan and Pollution Control Board Mr. G. M. Kawoosa, Adv.
Mr. Divya Prakash Pande, Adv.
Date and Orders of the Tribunal Remarks Item No. 30 Mr. Jai A. Dehadrai, Adv. appearing for Amicus March 12, Curie submits that amicus is not available. He has 2018 ss instruction to appear and he may be permitted to file Status Report as undertaken by him on the next date.
Copy be furnished to the contesting respondents within one week.
Item No. 30 Mr. Rohit in person submits on the previous date he March 12, was permitted to represent in this Tribunal on behalf of 2018 Paryavaran Suraksha Samiti as in Hon'ble Supreme Court ss he was a signatory to the action initiated.
He submits that inspite of direction of this Tribunal the respondents have not dispatched copy of replies to him through e-mail. Respondent to it, Learned counsel appearing for the various States submits copies have been furnished to him through e-mail. We do not wish to record as to which of the State has furnished the copy and which of the States have not for the reason we are proceedings to pass further order.
As could be seen till now the locus of Mr. Rohit is not clearly shown by him as the applicant is Paryavaran Suraksha Samiti, is said to be registered society it could be represented before the court the authorized representative only.
Till it is decided we direct all the respondents to file copies of the replies and deposit it in the registry to be furnished to whosoever the Tribunal is satisfied has the locus to represent society in person. Needful be done within one week from now as we have already given time on earlier occasions failing which each of the State will be liable to pay cost of Rs. 1 Lakh within one week thereafter subject to further orders.
We further direct all the State to examine whichever directions issued earlier by Hon'ble Supreme Court and this Tribunal is required to be complied with and file a report in this regard. If we notice that directions issued to respondents are not complied with, appropriate order to impose cost will be passed.
Item No. 30 We make it clear that for non-compliance and for non-assisting in Tribunal in this proceeding we will be March 12, 2018 compelled to impose cost on them. ss List this case on 24th April, 2018.
Whenever copies furnished by the parties registry is directed to keep it in separate file.
..........................................,JM (Dr. Jawad Rahim) ..........................................,JM (S.P. Wangdi) ..........................................,EM (Dr. Nagin Nanda) 12.03.2018