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Judgment
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.
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.”
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.”
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.