National Green Tribunal
Prasoon Pant vs Moef on 8 September, 2022
Item No. 03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.265/2022
(I.A No. 186/2022 & I.A No. 216/2022)
Prasoon Pant & Anr ...Applicants
Versus
Ministry of Environment,
Forest and Climate change & Ors. ...Respondent
Date of hearing: 08.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Saurabh Sharma, Advocate.
Respondent: Mr. Mr. Rakesh Mahajan, Advocate for respondent no. 1.
Ms. Priyanka Swami, Advocate for respondent no. 2.
Mr. Daleep Dhyani, Advocate with Mr. Krishan Singh,
AEE for respondent no. 3
Mr. Vikrant Pachnanda, Advocate for respondent no. 4.
None for respondent no..5
Mr. Shashank Singh, Advocate for respondent no. 6.
None for respondent no. 7.
Mr. Parag P Tripathi, Sr. Advocate along with Mr.
Dinyakant Lahoti and Mr. Kartik Lahoti, Advocates for
respondent no. 8.
Application under Section 18 read with Sections 14 and 15 of the
National Green Tribunal Act, 2010
ORDER
1. This application has been filed under sections 14, 15. 18 (1) and Section 20 of the National Green Tribunal Act, 2010 inter alia seeking cancellation of environmental clearance granted by State level Environment Impact Assessment Authority (SEIAA), Uttar Pradesh and issuance of directions to the respondents no.1 to 7 to stop respondent no. 8- M/s Durga Enterprises Pvt. Ltd, from constructing and selling industrial park called "Durga Industrial Park". O. A. No. 265/2022 Prasoon Pant & Anr Vs. MoEF & CC -2-
2. Vide order dated 28.04.2022, notices were ordered to be issued to the respondents. As per office report notices have been duly served on the respondents by E-mail. None has appeared on behalf of respondents no. 5 and 7.
3. Replies have been filed by respondents no. 3 (UPPCB), 6 (GDA) and 8 (Project Proponent) vide email dated 27.07.2022, 02.09.2022 and 19.07.2022 respectively.
4. Respondent no. 3 has also filed report dated 23.08.2022 vide email dated 23.08.2022.
5. Respondent no. 8 (Project Proponent) has filed I.A No. 216/2022 for allowing respondent no. 8 (Project Proponent) to bring on record additional documents.
6. In view of the attendant facts and circumstances, I.A No. 216/2022 is allowed and the additional documents are allowed to be brought on record.
7. Vide order dated 28.04.2022, interim injunctive directions were issued in the following terms:-
"X X X X X In the meanwhile, the District Magistrate, Ghaziabad is directed to ensure that no further construction is raised on the land in question before grant of CTE/NOC by UPPCB and other authorities as required by environmental clearance dated 15.01.2021. Till further orders to the contrary, the Project Proponent shall also not create any further third party rights and also third party rights, if any, already created shall be subject to further orders of this Tribunal. .. "
8. I.A No. 186/2022 has been filed by respondent no. 8 (Project Proponent) for vacation of ex-parte stay granted vide order dated 28.04.2022. O. A. No. 265/2022 Prasoon Pant & Anr Vs. MoEF & CC -3-
9. Learned Counsel for respondent no. 8 has placed on record copy of order dated 18.08.2022 passed by Hon'ble Delhi High Court in W.P. (C) 11791/2022, CM APPL. 35135/2022 (Stay) titled as Durgaa Enterprises Pvt. Ltd. Vs. Prasoon Panth and Ors. whereby operation of order dated 28.04.2022 passed by this Tribunal has been stayed. The relevant part of the order is reproduced as under:
"X X X X X
1. Notice. Since respondent Nos. 1, 2, 3 and 5 are duly represented by learned counsels, let counter affidavits be filed on the writ petition within a period of eight weeks from today. Notice shall also issue to the unrepresented respondent(s). Consequently, let learned counsel for the petitioner take steps for service on the unserved respondents through all permissible modes including via approved courier service.
2. Prima facie, the Court finds merit in the submission addressed on behalf of the petitioner with Mr. Tripathi, learned Senior Counsel, contending that in terms of the provisions of Section 19 of the National Green Tribunal Act, 2010, it was impermissible for the Tribunal to have passed the injunction ex-parte. Learned Senior Counsel has also drawn the attention of the Court to the material placed on the record along with the writ petition as well as the supplementary affidavit filed to establish that the petitioner has duly ensured compliance with all statutory requirements as placed including the obtaining of necessary permissions from the appropriate environmental authorities. The Court also bears in mind the fact that the petitioner has been awarded a contract for executing a public works project. Matter requires consideration.
3. Till the next date of listing, there shall be stay of the impugned order 28.04.2022. This order, however, shall not be liable to be construed as a stay of proceedings before the Tribunal."
10. Even though, Hon'ble High Court of Delhi has vide order dated 18.08.2022 stayed impugned order dated 28.04.2022 passed by this Tribunal but it has been clarified that the above said order shall not liable to be construed as stay of proceedings before this Tribunal and this Tribunal can proceed further in the matter.
O. A. No. 265/2022 Prasoon Pant & Anr Vs. MoEF & CC -4-
11. Application for adjournment has been moved by the applicant on the ground of difficulty which is strongly opposed by respondent no. 8.
12. Completion certificate dated 28.06.2022 has been issued by respondent no. 6 (GDA) under Section 15A (2) of the Uttar Pradesh Town Planning and Development Act, 1973 subject to the compliance with consent conditions.
13. Respondent no. 8 (Project Proponent) is directed to file affidavit regarding compliance by it with consent conditions imposed by respondents no. 2 and 3. Respondents no. 2 and 3 are also directed to file verification reports regarding compliance by respondent no. 8 with the consent conditions imposed by respondents no. 2 and 3 on it.
14. Case is adjourned to 01.02.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 08, 2022 AG