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Tribunals and CommissionsFull Bench(2022) 12 NGT CK 0001

Almitra H. Patel & Anr vs Union of India & Ors

National Green Tribunal · Decided on 2 December 2022

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Prof. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application Nos. 199 Of 2014, 281 Of 2016, 61, 810, Of 2017 (M.A. Nos. 722, 747, 1484, 1510, 1511, 1530, 455, 468, 682, 683, 971, 972, 973, 974, 1014 Of 2018), Original Application No. 428 Of 2017 & Review Application No. 11 Of 2018 (M.A. No. 486, 487, 489, 490 Of 2018) IN O.A. No. 199 Of 2014

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Judgment

19 paragraphs · 745 words
1.

The issue involved in these matters is compliance of norms for solid waste management.

2.

The matter has been received on transfer from the Hon’ble Supreme Court vide order dated 02.09.2014 in W.P. No. 888/1996, Almitra H. Patel & Anr. vs. Union of India & Ors., which was registered as OA 199/2014 and was disposed of by the Tribunal vide order dated 22.12.2016. However, the proceedings continued to oversee compliance.

3.

Compliance reports received in the matter were separately registered as OA No. 61/2017 and OA No. 810/2017. Further, OA No. 281/2016, Kudrat Sandhu vs. Govt. of NCT of Delhi & Ors. was separately filed for direction for waste management. Vide order dated 10.1.2017, common order was passed in OA No. 199/2014 and OA No. 281/2016 for furnishing a further report by the Municipal Corporations about the status of compliance of the waste management. In pursuance of the said order, the proceedings continued. The Tribunal passed further orders from  time  to  time  and  vide  last  order  dated  23.07.2018  in  OA  Nos. 199/2014, 61/2017, 810/2017, 281/2016 and 428/2017. All the matters have been thereafter dealt with as one matter.

4.

Proceedings were adjourned sine die in view of stay by the Hon’ble Supreme Court dated 4.5.2018 in Writ Petition (Civil) No. 202/1995, In re: T.N. Godavarman Thirumulpad vs. Union of India & Ors. which has been later modified.

5.

The matters have been put up today for further consideration at item nos. 3 to 7 in today’s list.

6.

In OA No. 280/2018, Shri Dutt Sharma-MLA vs. Union of India & Ors., which involved the same issue, the Tribunal noted subsequent order of the Hon’ble Supreme Court dated 13.2.2019 in SMW (C) No. 1/2015, IN RE: OUTRAGE AS PARENTS END LIFE AFTER CHILDS DENGUE DEATH modifying the earlier order directing NGT not to proceed with the matter. The said application was disposed of vide order dated 28.11.2022 as follows:

“1. This application seeks injunction against Delhi Development Authority against allotment of dumping land at Sonia Vihar and Ghonda for waste management as this will be in violation of Solid Waste Management Rules, 2016. The area falls in flood plain zone of river Yamuna.

2.

On 18.7.2018, the matter was adjourned in view of order of the Hon’ble Supreme Court dated 16.7.2018 in Writ Petition (Civil) No. 202/1995, In re: T.N. Godavarman Thirumulpad vs. Union of India & Ors. as follows:

“xxx …………………………….xxx………………………………xxx

We would request the National Green Tribunal not to proceed further in this regard since these issues are already being considered by this Court.”

3.

However, subsequently, vide order dated 13.2.2019 in SMW (C) No. 1/2015, IN RE: OUTRAGE AS PARENTS END LIFE AFTER CHILDS DENGUE DEATH, the said order has been modified as follows:

“xxx ……………………….xxx…………………………xxx

Further, our attention has been invited to this Court’s order dated 06.8.2018 in the ultimate paragraph wherein this Court directed the National Green Tribunal (NGT) not to proceed further in similar matters including in the case of Vardhman Kaushik vs. Union of India, Almitra H. Patel vs. Union of India, Kudrat Sandhu vs. Govt. of NCT of Delhi & Ors.

Having heard learned counsel appearing for the parties today, we find that it is not necessary to restrain the NGT from entertaining the matters which involve suitability of location of landfill sites and consequent directions.

We therefore consider it appropriate to modify the aforesaid order dated 06.8.2018 and permit the NGT to proceed further in the matters relating to alternative landfill sites. Rest of the order remains intact.”

4.

In view of above, the matter has been taken up. Though none appears, we note that the matter has already been dealt with by this Tribunal vide order dated 8.3.2019 in MA No. 64/2019 in OA No. 199/2014, Almitra H. Patel & Anr. vs. Union of India Ors.

The application is accordingly disposed of.”

7.

We may also note that since main issue has already been disposed of, execution has been subsequently taken up as OA No. 606/2018 which has been registered with the same number in respect of all the States/UTs. The Tribunal has been monitoring the issue in the said matter. To avoid duplication, no further order is necessary in these matters which have been pending since prior to final order dated 22.12.2016. In view of above, all the above matters will stand disposed of subject to the issue being gone into separately in OA No. 606/2018.

All pending MAs will also stand disposed of.