National Green Tribunal
M C Mehta vs Union Of India on 15 May, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 200 of 2014
(M.A. No. 254/2018 & M.A. No. 480 /2018)
(C.W.P. No. 3727/1985)
And
Original Application No. 668 of 2017
(Earlier M.A. No. 923/2017) In Original Application No. 200/2014)
And
Original Application No. 213/2018
(Earlier O.A. No. 10 of 2015)
And
M.A. No. 141 of 2016 & M.A. No. 337 of 2018
In
Original Application No.10 of 2015
IN THE MATTER OF:
M.C. Mehta Vs. Union of India & Ors.
And
M.C. Mehta Vs. Union of India & Ors.
And
Nababrata Bhattacharjee Vs. State of Meghalaya & Ors.
And
Indian Council for Enviro-Legal Action
Vs.
National Ganga River Basin Authority & Ors.
CORAM : HON'BLE DR. JUSTICE JAWAD RAHIM, ACTING CHAIRPERSON
HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present: Applicant: Mr. M.C. Mehta, Ms. Katyayni and Ms.
Mehak, Advs.
Mr. Ritwick Dutta and Mr. Rahul
Choudhary and Mr. Utkarsh Jain, Advs.
Respondent: Mr. B.V. Niren and Mr. Vinayak Gupta,
Advs. for CGWA Mr. Attin Shankar Rastogi and Mr. Prateek Yadav, Advs.
Dr. Ankit Todi, Adv.
Mr. Santosh Kumar, Adv. for UPSIDC Mr. Varun Thakur and Mr. Brajesh PandeyAdvs Mr. V. K. Shukla, Adv. and Mr. Vijay Laxmi and, Advs. for State of Madhya Pradesh Ms. Aprajita Mukherjee, Adv.
Ms. Priyanka Sinha, Adv.
Mr. Neelesh Sinha and Mr. Gowrang Sharma, Advs.
Mr. Jayesh Gaurav, Adv. for JSPCB Mr. Rajkumar, Adv. and Ms. Preeti, LA for Central Pollution Control Board Mr. Sudeep, Director Mr. Ishwer Singh, Adv with Mr. Sundeep Director and Mr. Kumar Ajitabh LO for NMCG Mr. Pradeep Mishra, and Daleep Dhyani, Adv. for UPPCB Mr. Mukesh Verma adv. for UPCB Ms. Puja Kalra, Adv. for South and North MCD Mr. Rajul Shrivastav, Adv.
Mr. I.K. Kapila, Adv. for Uttar Pradesh Jal Nigam, UK Pey Jal Nigam and Kanpur Nagar Nigam Mr. Om Prakash, Adv. for M/o Railways Dr. Sandeep Singh and Mr. Vinay Pal, Advs. for State of Uttar Pradesh.
Mr. Ajay Marwah, and Mr. Mool Singh, Advs. for HPPCB Ms. Yogmaya Agnihotri, Adv. and Ms. Prity, Adv. for CECB Mrs. D. Bharathi Reddy and Ms. Vidyottma, Advs for State of Uttarakhand. Mr. Raja Chatterjee, Mr. Piyush Sachdev and Ms. Abhinandini Yadav, Advs. for State of WB Ms. Deep Shikha Bharti, Adv.
Mr. Anil Grover, AAG, Mr. Rahul Khurana, Mr. Mishal Vij. Adv. for State of Haryana and HSPCB Mr. Rahul Verma, AAG for State of Uttarakhand Mr. Sanjeev Ralli, Adv and Mr. Dinesh Jindel LO DPCC Mr. Divya Prakash Pande, Adv.
Date and Orders of the Tribunal Remarks Item Nos.
01 to 04 On behalf of State of Uttarakhand the Learned May 15, Additional Advocate General submits that report is 2018 ss prepared and tenders it across to the Bench of this Tribunal a document which is too bulky and indicates narration of events from 2015 which are not relevant as on today. What we have directed the State is to file a Status Report in a simplest form tabulising the directions and the nature of compliance and if the directions are not complied, reason therefor and the time required in scrupulously complying with the directions.
The Learned Additional Advocate General fairly submits the present report is covering the so called events upto 11th May, 2018 and he seeks time to file a Status Report making categoric statement about compliance of directions from the earlier report filed. He seeks three days time to do so. We grant his request stating clearly that no further time will be granted. Before filing the report in the registry, copy shall be furnished to the Learned Counsel Mr. M.C. Mehta for the Applicant and other stakeholders who may prepare themselves for response on the next date of hearing.
List it for further consideration on 22nd May, 2018. Item Nos.
01 to 04 Original Application No. 213 of 2018 May 15, The Original Application No. 213 of 2018 the case 2018 ss between Nababrata Bhattacharjee Vs. State of Meghalaya and Ors. has been registered to deal with the issues relating to solid waste management in the State of Meghalaya and as we could see the issues raised in that are not identical or similar and have any bearing of the proceedings in Original Application No. 200 of 2014 and connected matters.
Hence, this case is delinked from this list and it will be separately listed on 16th July, 2018 at the Eastern Zonal Bench, Kolkota. In the meanwhile, the records be sent back to the Zonal Bench on whose file the case was actually filed.
However, we notice that Original Application No. 44 of 2017 is a case registered Suo-Moto in the matter relating to pollution of river Ganga which may have similar issues as in the main case relating to the areas falling on the part of beyond Bihar.
Hence, list Original Application No. 44 of 2017 which was on the file of Eastern Zonal Bench at Kolkata along with these cases. Registry to secure records from the Eastern Zonal Bench, Kolkota.
As it is a case after taking suo-moto cognizance of environmental issues and pollution of Ganga, we feel it necessary to appoint Amicus in this case. We appoint the Learned Counsel Ms. Katyayini as Amicus Curie who is present in court.
Registry is directed to supply a complete set of copy of the pleadings with all annexures in this case to the Item Nos.
Amicus who may after scrutinizing it file a supplementary 01 to 04 May 15, statement in support of the earlier note on record after 2018 serving copy to the respondents who are in the party ss array.
List Original Application No. 44 of 2017 for consideration on 22nd May, 2018 before this Bench.
For statistical purpose, the Original Application No. 213 of 2018 stands disposed of. No order as to cost.
........................................,ACP (Dr. Jawad Rahim) ..........................................,JM (S.P. Wangdi) ..........................................,EM (Dr. Nagin Nanda) 15.05.2018