BEFORE THE NATIONAL GREEN TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI

Original Application No. 24 of 2011
(Civil Appeal No. 10312/2016)
And
Execution Application No. 34/2016
In
Original Application No. 24 of 2011
And
Original Application No. 84 of 2017
(Earlier O.A. No. 24 of 2011)
And
Original Application No. 64 of 2017
(Earlier O.A. No. 279 of 2016)
IN THE MATTER OF:
Samir Mehta Vs. Union of India & Ors.
And
Samir Mehta Vs. Union of India & Ors.
And
Samir Mehta Vs. Union of India & Ors.
And
Kumar Gaurav Vs. Laureate Buildwell Pvt. Ltd. & Ors.

CORAM : HONBLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON

HONBLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HONBLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER

Present: Applicant: Mr. Rahul Choudhary, Ms. Meera Gopal and Mr.
Saurabh Sharma, Advs.
Respondent No. 1 : Ms. Panchjanya Batra Singh, adv. for MoEF &
CC
Mr. Shiv Mangal Sharma, AAG with Mr. Saurabh
Raj Pal and Mr. Adhiraj Singh, Adv.
Mr. A.K. Prasad, and Mr. Jaydip Pati, Advs.
Mr. Priyank Mangal, Adv.
Mr. Anil Grover, AAG Haryana with Mr. Rahul
Khurana and Mr. Sandeep Yadav, Advs. for
Haryana State Pollution Control Board
Mr. Anil Srivastava, Mr. Rituraj Biswas and Ms.
Sujaya Bardhan, Advs.
Mr. Rajkumar, Adv. and Ms. Niti Choudhary, LA
Mr. Aruna Mathur, Mr. Avneesh Arputham and
Ms. Anuradha Arputham, Advs. for State of
Sikkim
Mr. G.M.Kawoosa, Adv. for J&K Pollution
Control Board
Mr. Sanjeev Ralli and Mr. Prabhav Ralli, Advs.
with Mr. Dinesh Jindal, LO for DPCC
Mr. B.V. Niren, Adv.
Mr. Rajul Shrivastav, Advs.
Mr. Sapam Biswajit Metei, Adv. for State of
Manipur
Mr. K. Enatoli Sema and Ms. Nidhi Bhuwania,
Advs. for Nagaland Pollution Control Board
Mr. Jogy Scaria, Adv. for Kerala State PCB
Mr. Tayenjam Momo Singh, Adv.
Mr. Rahul Pratap, Adv. for MoEF
Mr. Gopal Singh and Ms. Varsha Poddar, Advs.
for State of Tripura & TSPCB
Mr. Sarthak Chaturvedi and Mr. Shubham
Jaiswal, Advs.
Mr. Pragyan Pradip Sharma adn Ms. Anandini
Kumari, Advs.
Mr. A.K. Panda and Mr. M. Paikaray, Advs.
Mr. R. Rakesh Sharma, Adv.
Mr. Amit Agarwal and Ms. Asha N. Basu, Advs.
Mr. Jayesh Gaurav, Adv.
Mr. Ravindra Kumar, Adv.
 Mr. Pradeep Mishra and Mr. Daleep Kr. Dhyani,
Advs.
Mr. Balendu Shekhar, Adv. and Mr. Dinesh
Jindal, Law Officer, Delhi Pollution Control
Committee
Mr. Mukesh Verma, Advs., Mr. Bikash Kumar
Sinha, Adv.
Ms. D. Bharathi Reddy, Adv. for State of
Uttarakhand
Mr. Nikhil Nayyar and Mr. N. Sai Vinod, Advs.
for APPCB and Telangana Pollution Control
Board

Date and Orders of the Tribunal

Remarks
Item No.
04 to 07 We have heard the Learned Counsel appearing for
February various parties and the Boards. In furtherance to the
03, 2017
sn
directions of the Tribunal, majority of the State Boards

have filed their Affidavits, however, some of them have not

filed. We see no reason at to why the Boards should not

have complied with the directions issued by the Tribunal.

We grant them one week time by way of final opportunity.

The State Boards who have filed their Affidavits and

have received directly or indirectly the environmental

compensation or other penalty under the orders of the

Tribunal should pay 25% of the amount so received to the

Central Pollution Control Board within two weeks from

today. The Central Pollution Control Board shall maintain

a separate head of account for the amounts received by it

from the State Pollution Control Boards or the Pollution

Control Committees and would also pay in that account

25% of the amount received by it under the Orders of the

Tribunal from the various industries, bodies etc.

The amount so collected shall be spent under the

directions of the Tribunal for meeting the expenses of the

honorarium and other expenses incurred by the Member

of various Committees, Chairman, and other members

constituted under the order of the Tribunal for

implementation of the directions for preparation of any

Item No. scheme, project etc. The amount will be spend under the
04 to 07
directions of the Tribunal.
February
03, 2017
sn
We may notice here that despite specific directions

under the respective judgment, none of the State Pollution

Control Boards or Pollution Control Committees have yet

filed any plan to show as to how they propose to spend the

amount which they have received under the orders of the

Tribunal on account of environmental compensation,

penalty or any other charges, the purpose thereof and

what is required to be achieved by such expenditure. By

way of last opportunity, we grant two weeks time to each

of the State Boards to file their respective plans, the field

of environment upon which they plan to spend such

amount. The mechanism that will be followed and the

resultant benefit thereof. Needless to notice that all the

State Boards should set their priorities for incurring such

expenditure keeping in view the environmental protection

of the State.

Let this direction be positively complied with and in

the event of default, we make it clear that the Chairman

and the Member Secretary of the Board shall be liable to

pay cost personally that would be imposed by the

Tribunal.

Let the Registry inform this order to all the

Chairmen and Member Secretaries of the respective

Boards and Pollution Control Committees.

Let these matters be listed on 07th February, 2017

the date already fixed and for compliance of this order

matter be listed on 08th March, 2017.

...,CP
(Swatanter Kumar)
Item No.
04 to 07

February ......,JM
03, 2017
sn
(Raghuvendra S. Rathore)

......,EM
(Bikram Singh Sajwan)