On Behalf of District Magistrate, Tinsukia, Assam and Assam

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On Behalf of District Magistrate, Tinsukia, Assam and Assam

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 .

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