Item No. 03 to 05 Court No. 2

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Execution Application No. 19 of 2018 In Original Application No. 24 of 2016 (I.A. No. 718 of 2019)

Giriraj Parikrama Sanrakshan Sansthan Applicant(s) Versus

State of Rajasthan & Ors. Respondent(s)

With

Original Application No. 229 of 2013 (M.A. Nos. 363 of 2017, 1183 of 2018, 1742 of 2018,I.A. No. 497/2019 & I.A. No. 715/2019)

Giriraj Parikrama Sanrakshan Sansthan & Ors. Applicant(s)

Versus

Department of Environment & Forests & Ors. Respondent(s)

With

Original Application No. 280 of 2017 (M.A. No. 529 of 2017)

Dwaikadham-Radhika Dham Resident Welfare Trust Applicant(s) Versus

Mathura-Vrindavan Development Authority & Ors. Respondent(s)

Date of hearing: 11.12.2019

CORAM: HON’BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER HON’BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER

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For Applicant(s) Mr. Sarthak Chaturvedi, Mr. Hari Om Sharfma, Mr. Ashish Kumar Sharma and Mr. Bhuvan Ravindran, Advocates with Swami Anand Gopal Das Mr. Rajesh Kumar Lawania, Advocate

For Respondent(s) Mr. Rohit Pratap Singh, Advocate Mr. Pradeep Misra Advocate and Mr. Daleep Dhyani, Advocate Mr. Amit Tiwari, Advocate Mr. Rahul Yadav, SDM Mr. Rajkumar, Advocate Sh. Nitin Ramesh Gokran, IAS, PS, PWD Sh. R. C. Barnwal, Engineer in Chief, PWD Sh. Yogesh Pawar, SE, PWD Mr. Ranjesh Kr. Sinha, Advocate Ms. Suman Devi, ADM Deeg, Bharatpur, Rajasthan Mr. Rajvir Singh, Advocate Mr. Atif Suhraward, Advocate Mr. Shashank Saxena and Ms. Ankita Chaudhary, Advocates for Mr. Ardhendumauli Kr. Prasad, Advocate

ORDER

At the outset, we would like to make it clear that last visits of the Court commissioner were in respect of participation in the Committee which was constituted for regulating the traffic/bhandara etc., office of which

District Magistrate was the convener. Therefore, the honorarium to be given to the Court Commissioner was to be paid entirely by the State of .

We have been informed that part payment has been made. The State of Uttar Pradesh is hereby directed to clear the balance amount of honorarium as well as the bill of expenses, if they are not cleared so far.

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In compliance of our order dated 27th November,

2019 the Principal Secretary, Public Works Department

State of Uttar Pradesh has appeared before us.

It is noteworthy that while passing the order for calling upon the Principal Secretary, PWD, we had taken note of the circumstances which necessitated the same and extract of the order is as under:-

“In compliance of our earlier order an affidavit has been filed by Mr. Satya Prakash, Chief Engineer, Division PWD Department, Agra. At the outset, we may mention that in our order dated 08th November, 2019 we had directed the Chief Engineer PWD, State of Uttar Pradesh to file a personal affidavit and to remain present on the next date of hearing. This fact has also been mentioned in para 2 of the aforesaid affidavit filed before us today. It is strange that the directions in respect of service road passed, as back as, in the year 2015 is still at the initiate stage, as the feasibility report has been received only on 30th August, 2019. Moreover, when no action is being taken at the State level of the PWD Department, the officers at subordinate level i.e. Chief Engineer, Agra Division can do nothing unless the matter is expedited and funds are provided by the Public Works Department, State of Uttar Pradesh for the purpose of construction of service road.

Therefore in view of the fact that providing of service road is a dire necessity in the town of Goverdhan, and more than four years have been passed but the work has not yet started at the ground level, we direct the Principal Secretary, Public Works Department, State of Uttar Pradesh to file a personal affidavit in respect of the fact that why the directions issued in 2015, with regard to the service road, have not been implemented so far; give the reasons which prevented the compliance even after passage of more than four years and also give a time-frame within which the work of service road shall start and be completed. It is made clear that in respect of all the steps with regard to funding etc., it shall be the duty of the Principal Secretary, PWD to look into at the State level and the same be arranged at the earliest. The Principal Secretary Public Works Department, State of Uttar Pradesh as well as Mr. R. C. Barnwal, Engineer-In- Chief, PWD, State of Uttar Pradesh shall remain present on the next date of hearing.”

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Besides, it would be relevant to mention here, in the context that when this matter was taken up on 01st

February, 2019 and we had before us Mr. A. K. Awasthi,

Additional, Chief Secretary, Government of Uttar

Pradesh, that following order was passed:

“We direct the Additional Chief Secretary to have the complete information as well as the approval of the Cabinet within a period of 15 days. Thereafter, we expect from the State of Uttar Pradesh to take up the bill on the floor of the Legislative Assembly/Parishad in the next session.

The Additional Chief Secretary has candidly submitted before us that other issues, such like financial sanctions which are pending before the State Government shall be cleared by 15th March, 2019.

In the portion of ring Road stretching to 10.4 kms, the work is said to be going on. We are also informed that in some part of the road, settlement of the ground work is to be done. It has been submitted by Additional Chief Secretary, on instruction of the Officer of PWD present in court, that the entire ring Road work shall be completed in all respect, by 31st October, 2019. It is made clear that in case the ring Road is not completed by the said date then, concerning officer shall be made accountable and appropriate order will be passed against him.”

The Principal Chief Secretary, PWD, State of Uttar

Pradesh has stated before us, on a query with regard to the status of the work of service road that they have just received the feasibility report; the estimate is yet to be prepared; the matter is still to be put up before the

Government; the funds in this regard would be thereafter considered and released by the State Government etc etc.

In our considered opinion, the statement made by

Principal Secretary, PWD is more or less the same as what the Chief Engineer, Agra Division PWD Department 4

had submitted before us on the last occasion. There is only a difference of few words here and there. The fact remain that no progress at the ground level has been done so far, since we had directed to furnish information in this regard on the earlier occasions. In nutshell the work with regard to the service road is not yet started at the ground level for which order was passed about four years back.

It is relevant to mention here that the work with regard to ring road also is not complete and a part of it still remains. We had expected the concerning officer of

State of Uttar Pradesh and the Government of Uttar

Pradesh, through its Counsel, that work with regard to service road, which is necessary for the purpose of regulating traffic, which generate air pollution effecting the pilgrims who are doing parikarma at Giriraj Parvat, to have been completed by now. But to our surprise the things are still proceeding at a snail’s speed and yet to commence at the ground.

Therefore, the Tribunal has no other option but to again have a statement/information with regard to construction of service road and ring road from State of

Uttar Pradesh. Accordingly, we direct Mr. A. K. Awasthi,

Additional Chief Secretary of the State to be present before the Tribunal on the next date of hearing. Further, it is directed that he shall bring with him the relevant record so as to show the work done in respect of Ring 5

road and the service roads. He is also to place before us schedule giving time frame for completion of the projects.

A copy of this order be sent to the Chief Secretary,

State of Uttar Pradesh, through email forthwith.

I.A. No. 718/2019

This interlocutory application has been filed by

Additional District Magistrate, Deeg, District Bharatpur,

Rajasthan, on behalf of the State of Rajasthan, to place on record the order dated 22nd November, 2019 passed by the Hon’ble Supreme Court.

The office is directed to place the order on record at the appropriate place.

Accordingly, I.A. No. 718/2019 is disposed of.

I.A. No. 497/2019

No one has appeared on behalf of the applicant.

However, we deem it proper to give one more opportunity. Therefore, list it on the next date of hearing.

I.A. No. 715/2019

The notice on Brij Foundation through Rajnish

Kapoor has been duly effected and he is being represented through its Counsel.

We have been informed that a short reply to the application has been filed on behalf of Brij Foundation on

10th December, 2019. The copy of the same has been 6

given to the Learned Counsel for the applicant. The

Learned Counsel for the State of Uttar Pradesh has submitted that reply to the application on behalf of State of Uttar Pradesh has also been filed and a copy of the same has been given to the Learned Counsel for the applicant.

The Learned Counsel for the applicant submits that they need some time to respond to the aforesaid replies filed by the respondents. They may do so before the next date of hearing.

List these matters on 18th December, 2019.

Justice Raghuvendra S. Rathore, JM

Dr.Satyawan Singh Garbyal, EM Jg

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