National Green Tribunal
Nizamuddin West Association vs Union Of India on 13 February, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 06 of 2012
And
M.A. No. 641 of 2015, M.A. No. 1014 of 2016, M.A. No. 1016 of 2016, M.A.
No. 1243 of 2016, M.A. No. 564 of 2017, M.A. No. 1148 of 2017 & M.A. No.
1237 of 2017 & & M.A. No. 158 of 2018 and M.A. No.161 of 2018)
In
Original Application No. 06 of 2012
And
(M.A. No.199 of 2015, M.A. No.238 of 2015, M.A. No.344 of 2015,
M.A. No. 512 of 2015, M.A. No. 513 of 2015, M.A. No.692 of 2015,
M.A. No. 310 of 2016 & M.A. No. 508 of 2016)
In
Original Application No.300 of 2013
And
Original Application No. 164 of 2015
IN THE MATTER OF:
Manoj Mishra Vs. Union of India & Ors.
And
Manoj Kumar Misra & Anr. Vs. Union of India & Ors.
And
Rajeev Suri Vs. Vice Chairman, DDA & Ors.
CORAM : HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER
HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present: Applicant: Mr. M. C. Mehta Ms. Katyayni, Adv.
Mr. Sanjay Upadhyay, Ms. Eisha Krishn and Ms.
Upama Bhattarcharyajee, Advs.
Respondent No. 1: Mr. Krishna Kumar Singh, Adv.
Mr. V.K. Shukla, Adv. with Ms. Vijay Laxmi, Advs. for State of MP Mr. Rahul Choudhary, Ms. Meera Gopal and Mr. Utkarsh Jain, Advs.
Mr. Pradeep Misra and Mr. Daleep Dhyani, Advs. Mr. Tarunvir Singh Khehar Ms. Guneet Khehar and Ms. Sandeep Mishra Advs for GNCTD MR. I.K. Kapila, Adv.
Mr. Alok Gupta Adv. for DJB Mr. Narender Pal Singh, Adv. and Mr. Dinesh Jindal, LO Ms. Priyanka Sinha, Adv.
Mr. Varun Thakur, Adv. for National Mission for Clean Ganga Mr. Deep Shikha Bharti, Adv. for State of Uttar Pradesh Mr. Rajiv Bansal, Sr. Adv. Mr. Kush Sharma, Ms. Vasudha Trivedi, Advs. for Delhi Development Authority Ms. Puja Kalra and Mr. Virendra Singh, Advs. Mr. Shiv Mangal Sharma, AAG and Mr. Saurabh Rajpal, Adv.
Mr. Vivek Chib and Mr. Vikramditya, Advs. Mr. Amit Agarwal and Ms. Asha Basu, Advs. Adv. Mr. Dinesh Jindel, LO Mr. Om Prakash, Adv.
Mr. Ravindra Kumar and Mr. Achyut Saxena, Advs.
1Mr. Arvind Kumar Pandey, Adv. Mr. H.S. Phoolka, Sr. Adv., Mr. Parag Tripathi and, Mr. Alok Guptal, Mr. Sumeet Pushkarna, Advs. MR. Jagdish Arora, CE Mr. Parag Tripathi, Sr. Adv. and Mr. Alok Gupta, Adv.
Mr. Balendu Shekhar and Mr. Rajkumar Mauray and Mr. Sriansh Prakash Advs Dr. Sandeep Singh and Mr. Vinay Pal, Advs. for State of UP Mr. Varun Thakur and Ms Shraddha Saran for NMCG, Advs.
Mr. Ishwer Singh, Adv.
Sundeep, Director for NMCG Mr. Raja Chatterjee Mr. Piyush Sachdev, and Mr. Abhinandini Yadav, Advs. Mr. Ajay Marwah, Adv.
Mr. Attin Shankar Rastogi and Mr. Prateek Yadav, Advs.
Mr. Ishwer Singh, Adv.
Mr. Dinesh Jindal, LO Mr. Sanjeev Ralli and Mr. Mohit Chugh, Adv.with Mr. Dinesh Jindel Lo, DPCC Mr. B.V. Niren and Mr. Vinayak Gupta, Adv. Mr. Rahul Pratap, Adv. for Ministry of Environment, Forest and Climate Change Mr. A. K. Prasad and Mr. Shashank Saxena, Advs. For MoUD Mr. Anil Grover AAG, Mr. Saurabh Sachdeva and Mr. Mishal Vij., Advs. for State of Haryana & HSPCB Mr. Varun Thakur, Mr. Kumar Ajitabh advs adn DR. Sandeep Director and Mr. Praveen Kumar Director , for National Mission for Clean Ganga Mr. VK Gulati, Adv. in Miscellaneous Application No. 1014/2016 MR. H.S. Phoolka, Sr. Adv., Mr. Parag Tripathi, Mr. Sumeet Pushkarna and Mr. Devanshu Sahiny, Advs.
Ms. Richa Oberoi and Mr. Ankit Banati, Advs. Mr. Vivek Kumar Tondon and Ms. Mamta Tandon, Advs.
Mr.Avneesh Arputham, Mr. Kabeer Shrivastava and Ms Simran Jeet, Advs.
Mr. Mukul Singh, Adv.
Mr. Abhishek Paruthi, Adv.
Mr. Rajkumar Adv. with Ms. Preeti, LA Ms. Sakshi Popli, Adv. for NDMC Ms. Rupam Sharma, Adv.
Date and Orders of the Tribunal Remarks Item Nos.
12 to 14 Heard further on M.A. No. 158 of 2018.
February Learned Counsel appearing on behalf of Delhi Jal 13, 2017 Board has filed before us a survey of river Yamuna report dated 10th February, 2018 indicating starting point of Haryana, starting point of Delhi and other details. During the course of arguments it is addressed by Delhi Jal Board that it is necessary that sampling of water for the 2 purposes of determining Ammonia content be done at the Item Nos. entry point and the point of release of water from Tajewala 12 to 14 till Wazirabad Barrage (W.T.P.). Learned Additional February 13, 2017 Advocate General - Mr. Anil Grover submits that State of Haryana will have no objection if such inspection is conducted by Central Pollution Control Board.
Learned Counsel for Central Pollution Control Board is present.
In the given circumstances the issue with regard to the extent of content of Ammonia in the water which according to the Delhi Jal Board has exceeded 0.8 to a alarming situation and as a consequence of less water at the upstream and high level of pollutants. Since this is in a nature of assertion rather than allegation, we are of the opinion let the Central Pollution Control Board conduct inspection and collect samples of the water at Tajewala Head Works and at Wazirabad (W.T.P.) and also from Okhla and ITO Barrage. As detailed in the map which is filed today. Report shall contain analysis of the water particularly with reference of Ammonia and of course other pollutants be filed by the next date of hearing that is 16th February, 2018.
Copy of the report be served in advance on account of Learned Additional Advocate General, learned counsel appearing for Delhi Jal Board and other counsel appearing in the matter.
Copy of the map be supplied to the Central Pollution Control Board.
List this matter on 16th February, 2018 at the end of the Board.
3Issue order by dasti.
Item Nos.
12 to 14 ...........................................,JM February (Dr. Jawad Rahim) 13, 2017 ..........................................,JM (S.P. Wangdi) ...........................................,EM (Dr. Nagin Nanda) 4