National Green Tribunal
Almitra H Patel vs Union Of India on 7 February, 2017
Author: Swatanter Kumar
Bench: Swatanter Kumar
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 199 of 2014
And
Original Application No. 61 of 2017
(Earlier OA No. 199 of 2014)
And
Original Application No. 281 of 2016
(M.A. No. 1007/2016)
IN THE MATTER OF:
Almitra H. Patel & Anr. Vs. Union of India & Ors.
&
Kudrat Sandhu Vs. Govt. of NCT & Ors.
CORAM : HON'BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. AJAY A DESHPANDE, EXPERT MEMBER
Present: Applicant :
Mr. Abhinay Sharma, Adv.
Respondent Mr. Gautam Singh and Mr. Rudreswar Singh, Advs.
for State of Bihar and Bihar SPCB Ms. Priyanka Sinha, Adv. for State of Jharkhand Ms. K. Enatoli Sema, Adv. for the State of Nagaland and Pollution Control Board Mr. R. Rakesh Sharma with Mr. S. Anand, Advs. for State of TN & TNPCB Mr. Pradeep Misra and Mr. Daleep Dhyani, Adv. For Uttar Pradesh Pollution Control Board Ms. Deep Shikha Bharati, Adv. for Ministry of Environment, Forest and Climate Change Mr. Shibashish Misra, Adv. for State of Odisha Mr. Sunny Choudhary, Adv. for MPPCB Dr. Abhishek Atrey and Mr. Vikas Malhotra, Adv. for Ministry of Environment, Forest and Climate Change Dr. Abhishek Atrey, Adv. for UT of Lakshadweep Mr. Rajkumar, Adv. with Mr. Bhupender Kumar, LA for CPCB Mr. Shuvodeep Roy and Mr. Sayooj Mohandas Advs. for State of Assam & PCB Assam Mr. D.K. Thakur, AAG and Ms. Seema Sharma, DAG for State of Himachal Pradesh Mr. Raman Yadav and Mr. Dalsher Singh, Advs. Mr. Ashish Negi, Adv. for Ms. Richa Kapoor, Adv. for Punjab Pollution Control Board Mr. Jogy Scaria, Adv. for Kerala State Pollution Control Board Mr. Nishe Rajen Shonker, Adv. for State of Kerala Mr. Anil Grover, AAG with Mr. Rahul Khurana Adv. for State of Haryana and Haryana Pollution Control Board Mr. P. Venket Reddy, Adv. with Mr. Prashant Tyagi, Adv. for State of Telangana Mr. S.S. Shamshery, Mr. Amit Sharma and Mr. Ankit Raj, Adv. for State of Rajasthan Mr. Mukesh Verma and Mr. Bikash Kumar Sinha, Advs.
Mr. Shiv Mangal Sharma, AAG and Mr. Saurabh Rajpal, Advs.
Devendra Dedha, Advs. for PCB HP Mr. Harish Sharma, Adv. for State of Chattisgarh Mr. Edward Belho, AAG with Mr. K. Luikang Michael and Ms. Elix Gangmei, Advs.
Ms. Pragyan Sharma, Ms. Anandita Kumari Rathore, Advs. for State of Mizoram Mr. Abhimanyu Garg and Ms. Preety Makkar, Adv. for UT of Puducherry Ms. Shibani Ghosh Chowdhary, Adv. for State of Maharashtra and Dept. Of Urban Devp. Mr. Guntur Prathoka, Mr. Guntur Pramod Kumar and Mr. Prashant Mathur, Advs. for State of AP Mr. Amit Agarwal, Ms. Asha N Basu, Advs. for West Bengal/Pollution Control Board Mr. Mahesh Dutt Tripathi, Adv. for Delhi Cantonment Board 1 Mr. Nikhil Nayyar and Ms. Smriti Shah, Advs. for APPCB & TSPCB Mr. Shubham Bhalla, Adv.
Mr. A.K. Panda and Mr. M. Paikaray, Advs. for Odhisha SPCB Mr. Sachin, Adv. for Ms. Sakshi Popli, Adv. For NDMC Mr. Anil Soni, AAG and Mr. Naginder Benipal, Adv. Mr. Gopal Singha and Ms. Varsha Poddar, Advs. Mr. Tayenjam Momo Singh, Adv. for Meghalaya SPCB Mr. Anil Shrivastava, Mr. Rituraj Biswas and Ms Sujaya Bardhan, Advs.
Ms. Aruna Mathur, Mr. Avneesh Arputham, Mr. Amit Arora and Mr. Anuraha Arupatham, Advs. for State of Sikkim.
Mr. G.M. Kawoosa, Adv. for State of J& K Mr. Rajiv Bansal, Mr. Kush Sharma and Mr. Arpita, Advs. for Delhi Development Authority Mr. Tarunvir Singh Khehar, Ms. Guneet Khehar and Mr. Charan Jeet Singh, Advs.
Mr. Atmaram N.S. Nadkarni, ASG with Mr. S.S. Rebello, Debarshi Bhuyan, Mr. Jai Dehadrai and Mr. Ajit Yadav, Advs. for State of Goa Ms. Yogmaya Agnihotri, Adv. for CECB Mr. Sarthak Chaturvedi and Mr. Shubham Jaiswal, Advs. for Andaman & Nicobar Island Mr. V. K. Shukla, Adv. for State of M. P. Mrs. D. Bharathi Reddy, Adv. for State of Uttarakhand Mr. Joydeep Mazumdar, Mr. Debojyoti Bhattacharya and Mr. Parijat Sinha, Advs. for State of West Bengal Ms. Aprajita Mukherjee, Adv. for State of Meghalaya Mr. Balendu Shekhar, Adv. with East Delhi Municipal Corporation Mr. Raj Kumar, Adv. with Mr. Bhupender Kumar, Advs. for Central Pollution Control Board Mr. Jayesh Gaurav, Adv. for JSPCB Mr. Sapam Biswajit Meitei and Mr. Naresh Kumar Gaur, Adv. for State of Manipur & PCB Mr. Rajul Shrivastav, Adv. for State of MPPCB Mr. Biraja Mahopatra, Adv. and Mr. Dinesh Jindal, LO for Delhi Pollution Control Committee Mr. B.V. Niren, Adv. for MoUD Mr. Dhruv Pal, Adv. for State of Gujarat Mr. Devraj Ashok, Adv. for State of Karnataka Date and Orders of the Tribunal Remarks Item No. 05 to 07 After pronouncement of the Judgment of the February Tribunal dated 22nd December, 2016 in the Case of 07, 2017 Almitra H. Patel & Anr. Vs. Union of India & Ors. in ss Original Application No. 199 of 2014, vide our order dated 12th January, 2017, we had issued Notice to all the State Governments, Union Territories, Pollution Control Boards, Local Authorities of the respective States to show cause why appropriate directions be not passed by the Tribunal to ensure compliance of the Judgment. Further these Authorities were directed to file complete and detailed Action Plan and affidavits to show how the municipal solid waste in the State would be processed and degradation of 2 environment and public health resulting therefrom would Item No. 05 to 07 be prevented. All the States except the State of Goa and February the State of Tripura have not filed the required affidavit 07, 2017 ss and the Action Plan as contemplated under the order of the Tribunal, as it must all the States has not cared to file affidavit and Action Plan as direction.
As part of this Action Plan they would also required to submit a total solid waste generated and how that solid waste was required to be treated in a time bound manner in regard to this directions. None of the States have bothered to file affidavit or the Action Plan.
Be that as it may, it is a matter of utmost importance and require all the stakeholders not only to show their concern but even to take appropriate action without any delay now at least. Thus, we direct that all the States should comply these directions within two weeks from today, if not already complied with. In the event of default we would impose cost of Rs. 50,000/- on the every defaulting States and the same would be recovered from the salary of the erring official from the State Government, Pollution Control Boards and Local Authorities.
We make it clear that we will not condone delay and any default now under any circumstances. Let copy of this order be sent to Chief Secretaries of the State/Administrators of the Union Territories immediately by the Registry. The Learned Counsel appearing for the States have obviously been put at notice on behalf of their departments by this order.
Copy of such affidavit and time-bound Action Plan should be provided to specifically to the Learned Counsel 3 appearing for Central Pollution Control Board and Item No. Ministry of Environment, Forest and Climate Change who 05 to 07 February will comment over them, collectively on all these affidavits 07, 2017 and Action Plans before the next date of hearing. ss List this matter for hearing on 01st March, 2017.
..........................................,CP (Swatanter Kumar) ..........................................,JM (Raghuvendra S. Rathore) ..........................................,EM (Dr. Ajay A Deshpande) 4