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9. Vide orders dated 22.01.2021 in OA 916/2018, Sobha Singh & Ors. vs. State of Punjab & Ors. and OA 496/2016, Tribunal on its own motion vs. Govt. of NCT of Delhi & Ors., we have requested the Monitoring Committees, constituted by this Tribunal for certain environmental issues in Punjab and Delhi, to oversee compliance of preparation and execution of DEPs in Punjab and Delhi and furnish compliance status as on 31.3.2021.
10. We make similar request to the Monitoring Committee in UP, headed by Justice SVS Rathore, a former Judge of Allahabad High Court, the Oversight Committee for compliance of directions of this Tribunal for rejuvenation of river Ghaggar, headed by Justice Pritam Pal, former Judge of the Punjab and Haryana High Court to oversee compliance on this aspect for Haryana, the Committee headed by Justice Prakash Tatia, former Chief Justice of Jharkhand High Court, for compliance in Rajasthan, Justice B.C. Patel, former Chief Justice, Delhi High Court for compliance in Gujarat, Justice V.M. Kanade, former Judge, Bombay High Court, who has earlier monitored compliance of certain directions of this Tribunal relating to environmental issues, for compliance in Maharashtra. They may send status report as on 31.3.2021 by 15.4.2021. For all other States/UTs, the Chief Secretaries concerned may conduct such oversight and furnish the status of compliance as on 31.03.2021 to CPCB. CPCB may file a consolidated report before this Tribunal on or before 30.04.2021 by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF (and not in the form of Image PDF). State PCBs may also provide necessary assistance in coordination."
15. There is dire need for compiling information on vital environmental issues and planning to address the gaps in compliances. Current monitoring is inadequate. In OA No. 95/2018, Aryavart Foundation v. M/s Vapi Green Enviro Ltd. & Ors., vide order dated 05.02.2021, this Tribunal considered the status of performance of statutory regulators - State PCBs, based on consolidated report of the CPCB and found the situation far from satisfactory. The Tribunal also noted challenges posed by pollution due to violation of environmental norms. The Tribunal concluded:
(x) Solid waste management rules in OA 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues.2
Vide order dated 21.09.2020 Vide order dated 21.09.2020 Vide order dated 21.09.2020 deals with the remedying of coastal pollution for which directions have been issued on the same pattern for preparation and execution of action plans by the RRCs to be overseen by the Chief Secretaries at the State level and by the CMC at the national level. The same order also deals with utilisation of treated water, being OA 148/2016, Mahesh Chandra Saxena vs South Delhi Municipal Corporation & Ors. and OA 325/20155, Lt. Col. Sarvadaman Singh Oberoi v. Union of India & Ors., dealing with the issue of restoration of water bodies by removing encroachments and preventing pollution has been dealt with by this Tribunal. OA 176/2015, Shailesh Singh v. Hotel Holiday Regency, Moradabad & Ors.6, the Tribunal has directed monitoring of groundwater extraction to give effect to the mandate in Hon'ble Supreme Court judgment in M.C. Mehta v. Union of India & Ors. (1997) 11 SCC 312.
v. In view of the findings in the report that at some places administrative manpower is more than technical manpower, such situation may be reviewed and remedied by the concerned States.
vi. The observations that the work of regulators should be fulltime for the incumbents appointed applies to all key positions, including Chairman/Member Secretary and Regional Officers, Engineers, Scientists of PCBs/PCCs. Such incumbents may not be given any other additional charge. Only exception can be in States where there are no significant environmental issues so as to provide the incumbents fulltime work. Such States may seek exemption in respect of this direction from CPCB, giving relevant information justifying such exemption.