National Green Tribunal
Krishan Lal Gera vs State Of Haryana on 16 January, 2024
Item No. 03 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Appeal No. 22/2015
(IA No. 676/2023)
Krishan Lal Gera Appellant
Versus
State of Haryana Respondent
Date of hearing: 16.01.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Rahul Khurana, Adv. for R - 1, 5 to 7
Ms. Vanita Bhargava & Ms. Nandita Chauhan, Advs. for R - 9 & 10
(Through VC)
ORDER
1. This Appeal, aggrieved by the order of this Tribunal setting aside the Environmental Clearance (EC) granted to the appellant for setting up a Super Specialty Hospital on a 5 acre plot leased by the Haryana Development Authority for 99 years in Faridabad was finally decided by Tribunal by order dated 25.08.2015, which was subject matter of challenge before Hon'ble Supreme Court in Civil Appeal No. 6896/2015, M/s Vivekanand Ashram Society vs. Krishan Lal Gera & Ors. Hon'ble Supreme Court has allowed Appeal by order dated 01.05.2023 after considering report of Committee constituted by order dated 01.02.2018 and directing as under:-
"The report of the Committee constituted by order dated 01.02.2018 is available; it has been placed on record. Broadly it indicates the state of affairs which existed after the National Green Tribunal's order and various steps taken by the appellant institution to mitigate the concerns voiced in the impugned order.
Having regard to these developments, the impugned order is set aside and the matter is remitted to the National Green Tribunal for 1 fresh consideration on the question as to whether the environmental clearance, initially granted, can now be used by the appellant having regard to the inspection report dated 01.02.2018. The National Green Tribunal shall consider these aspects along with relevant material and pass an appropriate order as expeditiously as possible.
The appeal is allowed in the above terms. All rights and contentions of the parties are kept open."
2. The submissions on behalf of SEIAA, Haryana dated 20.07.2023 has been filed and in paragraph 3 thereof, it has been stated that a sub- Committee has been constituted for ascertaining present state of facts regarding compliance of stipulations imposed in Environment Clearance letter dated 26.11.2014. Learned Counsel appearing for SEIAA submits that report of sub-Committee will be available within two weeks and had prayed for fixing matter after two weeks.
3. Thereafter, Tribunal by order dated 21.07.2023, having regard to the fact that all rights and contentions of the parties were kept open by Hon'ble Supreme Court, had granted liberty to the parties to file application/objections, if any, within three weeks. Learned Counsel appearing for Project Proponent submits that no further application/objection/pleading is required to be filed by project Proponent.
4. Pursuant to above order, a report has been submitted by SEIAA, Haryana vide letter dated 27.12.2023.
5. However we find, none has appeared on behalf of the appellant, though, Ms. Vanita Bhargava, Advocate has put in appearance on behalf of respondent no. 9 and 10 i.e. Project Proponent. We find from the record that by order dated 01.11.2023, notices were issued to all parties who were not represented on that date, intimating the next date. Pursuant thereto, a notice has been sent to appellant also but the same has been received back with postal endorsement that addressee has left the premises. No other address of appellant is available with us. 2
6. In these facts and circumstances, we find it appropriate to appoint as Amicus Curiae in the matter to appear for the appellant to assist this Tribunal. We accordingly, appoint Mr. Manish Kumar, Advocate as Amicus Curiae in the matter who will be paid remuneration amounting to Rs. 25,000/- per hearing by the Haryana Pollution Control Board from the funds of environment compensation deposited with it.
7. Office is directed to supply record of this matter to Amicus Curiae with 10 days to enable him to prepare the matter and assist Tribunal on the next date.
8. List this matter for hearing on 02.04.2024.
Sudhir Agarwal, JM Dr. A. Senthil Vel, EM January 16, 2024 Appeal No. 22/2015 (IA No. 676/2023) SN 3