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National Green Tribunal

Pushp Jain vs Ministry Of Environment, Forest And ... on 31 August, 2018

                    BEFORE THE NATIONAL GREEN TRIBUNAL,
                        PRINCIPAL BENCH, NEW DELHI

                          Original Application No. 501 of 2015
                                (M.A. No. 1212 of 2015)
                                          And
                          Original Application No. 560 of 2015
IN THE MATTER OF:
                             Anand Arya Vs. Union of India
                                          And
                          Pushp Jain Vs. Union of India & Ors.

CORAM :
           HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
           HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER


Present:     Applicant:                         Mr. RAhul Choudhary, Mr. Utkarsh Jain
                                               and and Ms. Gitanjali Sreedhar, Advs.
             Respondent No. 1:                 Mr. Krishna Kumar Singh, Adv. for MoEF

Mr. Tarunvir Singh Khehar, Ms. Guneet Khehar & Mr. Sandeep Mishra, Advs. for GNCTD Mr. Anil Grover, AAG, Mr. Rahul Khurana, Advs. for State of Haryana and HSPCB Mr. Shiv Managal, AAG and Mr. Saurabh Rajpal and Mr, Vikramjeet Singh, Advs. For RSPCB Mrs. Aruna Mathur, Mr. Anuradha Arputham and Mr. Avneesh Arputham & Ms. Simranjeet, Advs. for State of Sikkim Mr. Bhanwar Pal Singh Jadon, Adv. for State of Uttar Pradesh Mr. G. Indira, with Mr. K V. Jagdish Varan and Ms. Alemjungla Advs. for Andaman & Nicobar Administration Mr. Guntur Prabhakar, Mr. Guntur Pramod Kumar and Mr. Prashant Mathur, Advs. for State of A.P. Mr. Edward Belho, Mr. Luikang K. Michael and Ms. Hoineithiam, Advs. for State of Nagaland Mr. Naginder Benipal, Adv. for Punjab PCB Mr. Gautam Singh and Mr. Shoeab Alam, Advs. for State of Bihar Mr. Shuvodeep Roy and Mr. Vinayak Gupta, Advs for State of Assam Ms. Madhumita Bhattacharjee, Adv. for State of West Bengal Mr. G. Prakash, Adv. and Mr. Jishnu M.L., Adv. for State of Kerala Mr. R. Rakesh Sharma and Mr. V. Mowli, Advs. for State of Tamil Nadu Ms. Aprajita Mukherjee, Adv. for State of Meghalaya Mr. Anshuman Srivastava, Adv. for State of Goa . Mr. Tarunvir Singh Khehar, Ms. Guneet Khehar and Mr. Sandeep Mishra, Advs. for GNCTD Mr. Vikas Mahajan, AAG and Mr. AAkash Varma, Adv. for State of HP Mr. V.K. Shukla & Ms. Vijay Laxmi, Advs. for State of M.P. Ms. Priyanka Sinha, Adv.

Mr. Rajul Shrivastav, Adv. for MPPCB Mr. Soumyajit Pani, Adv. and Mr. Chittaranjan Singh, Adv. for State of Odisha (R-25 ) and R-21 Mr. Leishangthem Roshmani and Ms. Maibam Babina, Advs. For State of Manipur Mr. Pragyan Pradip Sharma and Mr. Mudit Makhijani, Advs. For State of Mizoram Mr. Devraj Ashok, Adv. for State of Karnataka Mrs. D. Bharathi Reddy, and Ms. Priyanka Tyagi, Advs. for State of Uttarakhand Mr. Anil Shrivastav and Ms. Sujaya Bardhan, Mr. Rituraj Biswas, Adv. for State of Arunachal Pradesh Mr. Shuvodeep Roy and Mr. Rituraj Biswas, Advs. for State of Tripura Ms. Shashi Juneja, Adv. for State of Chhattisgarh, Adv.

Mr. Abhimanyu Garg, Adv. and Ms. Preety Makkar, Adv. for Govt. Puducherry Mr. Ashish Sharma, Adv. for State of Punjab Mr. Pragyan Pradip Sharama and Mr. Mudit Makhijani, Advs.

Date and Orders of the Tribunal Remarks Item No. 15 &16 It has been informed by Learned Counsel for MoEF August 31, 2018 that subsequently a Notification dated 26-09-2017 has been issued by the Ministry with regard to identification of wetlands and the State Governments have been directed to proceed in the matter.

We are also informed by applicant in person that Hon'ble Supreme Court in a matter has already indentified certain numbers of wetlands and ordered that they should be protected. He further submits that there are wetlands, other than those.

In our considered view that if any other wetland is not including in the order of Hon'ble Supreme Court, then the applicant should proceed before the Hon'ble Court and request for inclusion of such wetlands, which according to him has not so included in the earlier order.

He may seeks protection for those subsequently included wetlands.

Above all, the applicant has already moved before Item No. the Hon'ble Supreme Court challenging the Wetlands 15 &16 Rules, 2017. In such as view of the matter the issue is August 31, 2018 already subjudiced before the Hon'ble Supreme Court and nothing further needs to be proceeded with by this Tribunal.

Consequently Original Application Nos. 501 of 2015 and 560 of 2015 stand disposed of, with no order as to cost.

This Misc. Application does not survive for consideration as the main application itself Stan's disposed of.

..........................................,JM (Raghuvendra S. Rathore) ..........................................,EM (Dr. Satyawan Singh Garbyal) jg