Tribunals and CommissionsFull Bench(2022) 11 NGT CK 0034

Alka Sarin & Anr vs Ministry Of Environment, Forest And Climate Change

National Green Tribunal · Decided on 14 November 2022

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Arun Kumar Tyagi, JM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Appeal No. 36 Of 2013

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Judgment

6 paragraphs · 273 words
1.

This Common order will dispose of Appeal No. 36/2013 and Original Application No. 93(THC)/2013.

2.

Appeal No. 36/2013 was preferred against Environmental Clearance (EC) dated 14.08.2012 for the development of Solid Waste Management Facility at Jhuriwala, Panchkula, Haryana by M/s Executive Engineer, Huda Division. The EC was for a period of 7 years and the said period has come to an end.

3.

When the Appeal was taken up for hearing on 13.01.2017, the Tribunal noted that Wildlife Clearance was separately under challenge before the High Court of Punjab and Haryana in CWP No. 21506 of 2016. Accordingly, the matter was deferred to await decision of the said Writ Petition.

4.

When the matter has been taken up today, we are informed that the above Writ Petition stands disposed of on 25.10.2018 as infructuous as the project itself was not set up. Thus, learned counsel for the parties submit that nothing survives in this Appeal, particularly when the period of validity of EC has already expired.

5.

Accordingly, the Appeal will stand disposed of as infructuous.

6.

Original Application No. 93(THC)/2013 has been registered based on order dated 12.03.2013 of Punjab and Haryana in CWP No. 16951 of 2011, transferring the proceedings to this Tribunal. The Writ Petition sought quashing of proceedings relating to grant of EC for the Waste Management Facility. During pendency of Writ Petition before the High Court, EC was granted on 14.08.2012 which was challenged separately by way of Appeal No. 36/2013. The said appeal is being disposed of today by above separate order. Thus, no further order is necessary in this Application which also stands disposed of.