BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI
Original Application No. 171 of 2018 (M.A. No. 1013 of 2018) (Earlier O.A. No. 11 of 2018 (EZ))
R. Sreedhar Vs. Union of India & Anr.
CORAM: HON’BLE DR. JUSTICE (RETD.) JAWAD RAHIM, JUDICIAL MEMBER HON’BLE MR. JUSTICE (RETD.) RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER HON’BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
Present: Applicant: Mr. Utkarsh Jain, Adv. Respondent: Mr. Neeraj Kr. Gupta and Mr. Ranjeet Kr. Singh, Advs. For MoEF Assam PCB Mr. Avijit Roy, Adv. MoEF Mr. Keshav Mohan and Mr. Kabir Ghosh, Advs. Mr. Shuvodeep Roy, Mr. Vinayak Gupta, Mr. Pranjal Kumar Gogoi, Sr. Ziology, Govt. of Assam, Mr. Pranjit Kakoti, Addn. District Commissioner and Mr. Sumit Sattawan, SDM, Margherita
Date and Orders of the Tribunal Remarks
Item No. On behalf of District Magistrate, Tinsukia, Assam 57 and Assam Pollution Control Board, it is submitted that July 10, 2018 report on behalf of District Forest Officer, Sub-Divisional
Magistrate, Margherita and Superintendent of Police,
Tinsukia has been filed.
It is submitted that two more reports namely North
Eastern Coalfield Ltd. and Coal India Ltd. has also been
filed. On behalf of PCB, similar report is filed. Applicant’s
Counsel seeks time to file response to the report.
We further notice presence of Sub-Divisional
Magistrate, Additional Deputy Commissioner, Tinsukia,
Sub-Divisional Magistrate, Margherita and Assam Mining
Officer. It is submitted that exemption is sought for
appearance of District Magistrate as he has to submit a
report in compliance of the direction of Hon’ble Supreme
Court of India and hence his presence is necessary there.
In view of the fact, we dispense his presence. Member
Secretary PCB is also reported to be present.
This case was pending on the file of the Eastern
Zonal Bench vide order dated 25th January, 2018. The Item No. 57 Bench noted all the allegations regarding illegal sand and
July 10, boulder mining within the Dehing-Patkai Wildlife 2018
Sanctuary and illegal coal mining operation of coal Coke
Oven Plants around the Margherita. Considering the
adverse impact on the environment and for further
proceedings, the Bench had directed that the area in
question shall be inspected by the District Mining Officers
and District Magistrates, Tinsukia, District of Assam and
Tirap District in Arunachal Pradesh and report be
submitted. The Assam PCB was also directed to submit a
report.
None appears on behalf of State of Arunachal
Pradesh. Issue Notice to State of Arunachal Pradesh
represented by Secretary Dept. of Mining and District
Magistrate, Tirap, as to why further action be not initiated
against them for their absence before the Tribunal.
List this matter for considering the report and for
further orders on 8th August, 2018.
...…..……………………………., JM (Dr. Jawad Rahim)
...…..…………………………….,JM (Raghuvendra S. Rathore)
...…..…………………………….,EM (Dr. Satyawan Singh Garbyal) (10.07.2018) Jg & sn