National Green Tribunal
M C Mehta vs Union Of India on 6 February, 2017
Author: Swatanter Kumar
Bench: Swatanter Kumar
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 200/2014
(M.A. No. 205 of 2016, M.A. No. 206 of 2016, M.A. No. 224 of 2016,
M.A. No.585 of 2016, M.A. No.815 of 2016 & M.A. No.1199 of 2016)
(C.W.P. No. 3727/1985)
And
Original Application No. 501 of 2014
(M.A. No. 404 of 2015)
And
Original Application No. 146 of 2015
And
Appeal No. 63 of 2015
IN THE MATTER OF : -
M.C. Mehta Vs. Union of India & Ors.
And
Anil Kumar Singhal Vs. Union of India & Ors.
And
Society for Protection of Environment & Biodiversity & Anr.
Vs.
Union of India & Ors.
And
Confederation of Delhi Industries & CETP Societies
(An Organisation of CETP Societies)
Vs.
D.P.C.C. & Ors.
CORAM : HON'BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER
HON'BLE DR. AJAY A DESHPANDE, EXPERT MEMBER
Present Applicant: Mr. M.C. Mehta, Ms. Katyayni and Ms. Mehak Rastogi.
Advs.
Mr. Rahul Choudhary and Ms. Meera Gopal, Advs.
Mr. Sanjay Upadhyay, Mr. Salik Shafique, Advs.
Mr. Pradeep Misra and Mr. Daleep Dhayani, Advs. for
UPPCB
Mr. B.V. Niren, Adv. for CGWA
Mr. Mukesh Verma and Mr. Bikash Kumar Sinha, Advs.
for UPCB
Mr. Anil Grover, AAG and Mr. Rahul Khurana, Adv.,
State of Haryana
Mr. I.K. Kapila, Adv. for UP Jal Nigam & UK Pey Jal
Nigam
Mr. Kapil Dua and Mr. Sourabh, Adv.
Ms. Priyanka Sinha, Adv. for State of Jharkhand
Mr. Atul Batra, Advs &^Mr. Kundan Mishra. for Mother
Dairy, Pilakhuwa Unit
Mr. S.A. Zaidi and Mr. M.Z. Chaudhary, Advs. for
Leather Industries.
Ms. Panchajanya Batra Singh, Adv for Ministry of
Environment, Forest and Climate Change
Ms. D. Bharathi Reddy, Adv. For State of Uttarakhand
Mr. Sanjeev Ralli, Adv. and Mr. Dinesh Jindal, LO
Mr. Brij Mohan Garg, Adv.
Ms. Antima Bazaz, Adv.
Mr. Manoj Singh, Adv.
Mr. V.K. Shukla, Adv. for State of MP
Mr. Jayesh Gaurav, Adv. for JSPCB
Mr. B. V. Nirern, Adv.
1
Mr. Amit agarwal, and Ms. Asha Basu, Advs. for State
of west Bengal
Mr. Gautam Singh and Mr. Rudreshwar Singh, Advs.
Mr. Ishwer Singh, Adv. with Mr. D.P. Mathura,
Executive Director, National Mission for Clean Ganga
and Mr. Sandeep, Director
Ms. Neelam Rathore, Adv. For Uttar Pradesh Dyes and
Bleachors and for Association of Textile Processor
Ms. Yogmaya Agnihotri, Adv.
Mr. Ravi P. Mehrotra and Mr. Abhinav Kr. Malik, Advs.
for UPSIDC
Ms. Neha Gupta and Ms. Megha, Advs.
Mr. S.K. Bhattacharya, Adv.
Mr. Vijay Bahadur Singh, Sr. Adv. and Mr. Abhishek
Yadav, Adv. for State of Uttar Pradesh
Mr. A.K. Prasad, Adv. and Mr. Jaydeep Pati, Adv.
Mr. Rajkumar, Adv. & Mr. Bhupendra Kumar, CPCB
Present: Applicant:
Respondent No.3: Mr. Pradeep Misra and Mr. Daleep Dhayani, Advs.
Respondent No.8: Mr. Mukesh Verma and Mr. Bikash Kumar Sinha, Advs. for UPCB Mr. I.K. Kapila, Adv. for UP Jal Nigam & UK Pey Jal Nigam Present: Applicant:
Respondent No.2: Mr. Pradeep Misra and Mr. Daleep Dhayani, Advs. Respondent No. 4: Mr. Krishna Kumar Singh, Adv. Respondent No.8: Mr. Mukesh Verma and Mr. Bikash Kumar Sinha, Advs. for UPCB Mr. Sudhir Kulshreshtha, Adv.
Respondent Nos. 10 and 11:Mr. Ravindra Kumar, Adv. SPENBIO Mr. A.K. Prasad, Adv. and Mr. Jaydeep Pati, Adv. Mr. Rajkumar, Adv. & Mr. Bhupendra Kumar, CPCB Present: Applicant:
Mr. Narender Pal Singh, Adv. and Mr. Dinesh Jindal, LO Respondent: Mr. Krishna Kumar Singh, Adv.
Mr. Manoj Kumar, Adv. for Mr. Moni Cinmoy, Adv. for DSIIDC Date and Orders of the Tribunal Remarks Item No. 24 to 27 In terms of our order dated 25th January, 2017 and February subsequent upon that the letter dated 27th January, 2017 06, 2017 ss issued by Uttar Pradesh Pollution Control Board, the industries which are seriously polluting industries and are located on the bank of river Ganga or its tributaries have been served and represented by all other industries except M/s. Corel News Print, Gajraula, Amroha.
Issue bailable warrant against the Managing Director/Managing Partner/Sole Proprietor of M/s. Corel 2 News Print, Gajraula, Amroha for their production before Item No. the Tribunal on the next date of hearing, in the sum of 24 to 27 February Rs. 25,000/- to the satisfaction of the arresting officer, in 06, 2017 exercise of our powers and in terms of the provision of ss Section 19 (4) (a) of the National Green Tribunal Act, 2010 read with Order XVI Rule 10(3) and Section 151 of Code of Civil Procedure, 1908. The bailable warrant shall be executed through the State of Uttar Pradesh and by the SHO of the concerned area.
The following other Noticees are present before the Tribunal.
1. M/s. Mohit Paper Mills Ltd., Nagina Road, Bijnor.
2. M/s. Jain Distillery, Gram Abdulpur Munna, Nagina Road, Bijnor.
3. M/s. Mohit Petro-Chemicals Ltd., Nagina Road, Bijnor.
4. M/s. Jubilant Life Sciences Ltd. (Distillery Unit), Gajraula, Amroha
5. M/s. Jubilant Industries Ltd. (Polymer Unit), Gajraula, Amroha.
6. M/s. Jubilant Life Sciences Ltd. (Chemical Unit-I), Gajraula, Amroha.
7. M/s. Jubilant Life Sciences Ltd. (Chemical Unit-II), Gajraula, Amroha.
8. M/s. Jubilant Agri & Consumer Products Ltd.
(Fertilizer), Gajraula, Amroha. 3
9. M/s. Tewa API (India) Pvt. Ltd., Gajraula, Amroha. Item No. 24 to 27 10. M/s. Insilco Ltd., Gajraula, Amroha. February 06, 2017 11. M/s. Umang Dairy Ltd., 3 Km. Hasanpur Road, ss Amroha.
12. M/s. Dairy India Pvt. Ltd., Chaubara Link Road, Gajraula, Tehsil Hasanpur, Amroha.
13. M/s. Kamakshi Papers Ltd., Gajraula, Amroha.
14. M/s. Kaushambi Paper Mills Ltd., Gram Naipura Khadar, Tehsil Dhanaura, Amroha. They pray for time to file their replies. Let these Noticees should file their comprehensive replies and state that as to why they should not be directed to shut down their units forthwith. Replies should be filed within one week from today with advance copy to the Learned Counsel appearing in this case, particularly the Learned Counsel appearing for Central Pollution Control Board, Applicant and Uttar Pradesh Pollution Control Board, who may respond thereto, if they so desire, before the next date of hearing.
The Noticees who have already filed their replies, need not to file their replies. The Learned Counsel appearing on behalf of Distillery Association as well as other Associations of the industries are free to address the Tribunal during the course of proceedings and the stand of the respective associations at all.
After the above order is passed, Mr. Jitendra Singh, 4 Purchase Manager of M/s. Corel News Print, Gajraula, Item No. Amroha is present and submits that they will file their 24 to 27 February reply within time granted by the Tribunal as well as carry 06, 2017 out the directions of the Tribunal without default. He ss further prays that the Bailable Warrant issued against the Managing Director/Managing Partner/Sole Proprietor may not be executed. The request is allowed. The bailable warrant not be issued. They should file their reply within the time granted by the Tribunal.
Let these matters be listed on day-to-day basis and for compliance of this order the matters be listed on 16th February, 2017.
..........................................,CP (Swatanter Kumar) ..........................................,JM (Dr. Jawad Rahim) ..........................................,JM (Raghuvendra S. Rathore) ..........................................,EM (Bikram Singh Sajwan) ..........................................,EM (Dr. Ajay A Deshpande) 5