National Green Tribunal
Krishan Lal Gera vs State Of Haryana on 1 November, 2023
Item No. 05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Appeal No. 22/2015
(I.A. No. 676/2023)
Krishan Lal Gera Appellant
Versus
State of Haryana & Ors. Respondent(s)
Date of hearing: 01.11.2023
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
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
Mr. Rajneesh, Adv. for R - 8
Ms. Vanita Bhargava, Adv. for R - 9 & 10
ORDER
1. This Appeal was finally decided by the Tribunal by order dated 25.08.2015, which was subject matter of challenge before the Hon'ble Supreme Court in Civil Appeal No. 6896/2015, M/s Vivekanand Ashram Society vs. Krishan Lal Gera & Ors. The Hon'ble Supreme Court has allowed the Appeal by order dated 01.05.2023 after considering the report of the 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 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 1 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. Thereafter, the Tribunal by order dated 21.07.2023, having regard to the fact that all the rights and contentions of the parties were kept open by the Hon'ble Supreme Court, had granted liberty to the parties to file application/objections, if any, within three weeks. Learned Counsel appearing for the Project Proponent submits that no further application/objection/pleading is required to be filed by the project Proponent.
3. 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 the present state of facts regarding compliance of stipulations imposed in Environment Clearance letter dated 26.11.2014. Learned Counsel appearing for SEIAA submits that the report of the sub-Committee will be available within two weeks and had prayed for fixing the matter after two weeks.
4. Meanwhile, let notice be issued to all the parties who are not represented today, intimating the next date of hearing.
5. List this matter on 16.01.2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM November 01, 2023 Appeal No. 22/2015 (I.A. No. 676/2023) SN 2