Wanbun Dkhar vs State Of Meghalaya & Ors

Ajay Kumar Mittal, CJ

The petitioner by way of Public Interest Litigation (PIL) filed under Article 226 of the Constitution of India, inter alia, has made the following prayers in the writ petition:-

"In the premises aforesaid it is therefore prayed that Your Lordship may graciously be pleased to admit this application, call for records and issue a rule calling upon the respondents to show cause as to why appropriate actions and efforts have not been taken by the State Respondents for the restoration and protection of the environment in Meghalaya and their failure to utilize the Meghalaya Environment Restoration and Protection Fund (MERPF) towards the same.

-AND-

Further Your Lordship may be pleased to direct the State Authorities to fill-up the empty coal mines left vacant by the miners by utilizing the Meghalaya Environment Restoration and Protection Fund (MERPF).

-AND-

Your Lordship may further be pleased to direct the respondents to restore and protect the environment in a condition which would protect and enforce the fundamental rights to the public at large or Pass such order or orders as Your Lordship deem fit and proper."

Learned Advocate General appearing on behalf of the State of Meghalaya relied upon the judgment passed by the Apex Court in Civil Appeal No.10720 of 2018 in the case of State of Meghalaya v. All Dimasa Students Union, Dima-Hasao District Committee & ors" pronounced on 03.07.2019 referring to paragraphs 164 to 167 therein which reads thus:-

"Point No.11

In respect of constitution of committee by the Tribunal there are two other limbs of submission; that,

(1) NGT by constitution committee has delegated essential judicial power to the committee; (2) the constitution of committees encroaches the constitutional scheme of administration of Tribals areas under Articles 244(2) read with sixth Schedule of the Constitution.

The Tribunal vide its various directions has asked for reports from State officials and the committees. The various instances where the NGT directed for report or investigation and submission of report by committees were with the object of ensuring the implementation of the orders passed by it and to decide the environmental issues raised before it. In no manner constitution of committee can be said to be delegation of essential judicial powers of the NGT to the committee.

Now, we come to the Katakey committee which was constituted by the Tribunal on 31.08.2018. In paragraph 14 and 15, the tribunal while directing for constitution of committee headed by Justice B.P Katakey directed:

"14. Only last question which remains is of restoration of the environment and rehabilitation of the victims for which funds are available. We are of the view that for this task, it will appropriate that we constitute an independent committee. This committee will be headed by Justice B.P katoki. Former Judge of the Guwahati 8 item Nos. 06 to 10 August 31, 2018 R High Court with representatives from Central Pollution Control Board and Indian School of Mines, Dhanbad.

The Committee will take the following steps:

• Take stock of all actions taken so far in this regard.

• Prepare time bound action plan to deal with the issue and ensure its implementation."

The Constitution of the committee and its functions entrusted were with the object to implement the orders passed by the Tribunal. The Tribunal has already directed for preparing a scheme for the restoration of the environment and ecology. The environment and ecology restoration plan was submitted before the Tribunal along with the affidavit dated 03.10.2017 as has been noticed in the order dated 02.01.2018 of the NGT. In the constitution of Katakey committee, thus, it cannot be said that essential judicial functions were delegated to the committee by the Tribunal. For the restoration of environment NGT vide its orders dated 31.08.2018 has directed the committee to submit its action plan and reports by e-mail. The Tribunal, thus, had kept complete control on all steps which were required to be taken by the committee and issued directions from time to time. We, thus, do not accept the submission of the appellant that the essential judicial powers of the NGT had been delegated to the committee. Looking to the enormous work of restoration of environment which has to be supervised on the spot the committee was constituted. We, however, observe that the State is always at liberty to obtain particular direction if aggrieved by any act of the committee. The matter being pending before the Tribunal of acts of the committee are under direct control of the Tribunal and if the committee oversteps in any direction the same can very well be corrected by the Tribunal on the matter being brought before it."

On the aforesaid premises, learned Advocate General submitted that the issues raised in the writ petition stands answered by the Apex Court in the aforesaid decision and nothing survives for consideration by this Court.

After perusing the writ petition and hearing learned counsel for the parties, in view of the order passed by the Apex Court in All Dimasa Students Union, Dima-Hasao District Committee's case (supra), no further orders are required to be passed in the writ petition.

Accordingly, writ petition stands disposed of.