ASHWANI KUMAR DUBEY vs UNION OF INDIA
Party Details
- ASHWANI KUMAR DUBEY
- UNION OF INDIA
Case Summary
ASHWANI KUMAR DUBEY filed Case No. IA No. 384/2019 in Original Application No. 164/2018 in the National Green Tribunal on 19 Jul 2019 against UNION OF INDIA. The case has undergone 3 hearings over 2 months. The case is currently pending. 3 orders have been issued in this matter.
Hearing History (3)
- 19MAR 2024Hearing
Judge: Mr. Justice Prakash Shrivastava Mr. Justice Arun Kumar Tyagi Dr. A. Senthil Vel Dr. Afroz Ahmad
- 18JAN 2024Hearing
Judge: Mr. Justice Sudhir Agarwal Dr. A. Senthil Vel
- Hearing
Judge: Mr. Justice Prakash Shrivastava Mr. Justice Sudhir Agarwal Mr. Justice Arun Kumar Tyagi Dr. Afroz Ahmad
Orders (3)
- 1OCT 2024judgementView Order ↗
Order No: 3
- 19MAR 2024orderView Order ↗
Order No: 2
- 18JAN 2024orderView Order ↗
Order No: 1
Judgement DetailsView full order PDF ↗
1 Item Nos.
08 to 15 Court No.
1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No.
164/2018 (IA No 850/2023, IA No 558/2019, IA No 482/2019, IA No 384/2019, IA No 155/2019, IA No 20/2024) Ashwani Kumar Dubey Applicant Versus Union of India & Ors.
Respondent(s) WITH Original Application No.
194/2020 Suresh Kumar Pandey Applicant Versus Union of India & Ors.
94/2020 Ashwani Kumar Dubey Applicant Versus Sasan Ultra Mega Power Project (Reliance Power Limited) & Ors.
148/2020 Hiralal Bais Applicant Versus Reliance Sasan Power P Ltd & Ors.
107/2020 (CZ) Jagnarayan Shah Applicant Versus Sasan Power Ltd. & Ors.
Respondent(s) WITH 2 Original Application No.
117/2014 Shantanu Sharma Applicant Versus Union of India & Ors.
499/2014 Anupam Raghav Applicant Versus Union of India & Ors.
102/2014 (MA No 70/2020, MA No 8/2019, MA No 108/2019, MA No 50/2019, MA No 13/2020, MA No 87/2019, MA No 12/2020) Sandplast (India) Ltd.
Applicant Versus Ministry of Environment, Forest and Climate Change & Ors.
Respondent(s) Date of hearing: 01.10.2024 CORAM: HON’BLE MR.
JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR.
JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR.
A.
SENTHIL VEL, EXPERT MEMBER HON’BLE DR.
AFROZ AHMAD, EXPERT MEMBER Respondent: Mr.
Chetan Sharma, ASG (Through VC) with Mr.
Kaustubh Anshuraj & Mr.
Abhishek Kumar, Advs. for R - 11 Mr.
Sanjay Jain, Senior Advocate with Mr.
Adarsh Tripathi, Mr.
Uttam Kumar Mandal & Mr.
Vikram S.
Baid, Advs. for R - 19 & 20 (Through VC) Mr.
Abhishek Kumar, Advs. for R - 12 Mr.
Rajat Jariwal & Ms.
Prerna Singh, Advs. for R - 17 Mr.
Pukhrambam Ramesh Kumar & Ms.
Rajkumari Divyasana, Advs. for the State of Manipur Mr.
Shubham Bhalla & Ms.
Ragini Sharma, Advs. rma, Advs. for R - 83 & 141 Mr.
Balendu Shekhar & Ms.
Tanisha Samantra, Advs. for R - 84 & 165 Mr.
Debarshi Bhadra, Adv. for NBCC India Ltd. (Through VC) Mr.
Ankit Verma, Adv. for the State of UP Mr.
Pradeep Misra & Mr.
Daleep Dhyani, Advs. for UPPCB (Through VC) Mr.
Rahul Khurana, Adv. for HSPCB Mr.
Raj Kumar, Adv. for CPCB (Through VC) Mr.
Raghav Sharma, Adv. for MP PCB Mr.
Avijit Roy, Adv. for Assam PCB (Through VC) Ms.
Rukhmini Bobde & Mr.
Amlaan Kumar, Advs. for the State of MP Mr.
Dhananjay Baijal, Adv. for Telangana SPCB Mr.
Arnab Ray, Adv. for Tripura SPCB (Through VC) Mr.
Abhinay Sharma & Ms.
Parul Khurana, Advs. for CECB Mr.
Nishant Awana, Adv. for RSPCB Mr.
Ashutosh Thakur, Adv. for Northern Coalfields 3 Mr.
Rohan Gupta, Adv. for MoEF & CC (Through VC) Ms.
K.
Enatoli Sema & Mr.
Prang Newmai, Adv. for Nagaland PCB (Through VC) Mr.
Kumar Anurag Singh & Mr.
Dev Aarya, Adv. for JSPCB (Through VC) Mr.
Hitendra Nath Rath & Ms.
Laxmi, Advs. for R - 338 Mr.
Nishe Rajen Shonker, Adv. for the State of Kerala Mr.
Jogy Scaria, Adv. for Kerala SPCB Mr.
Aaditya Vijaykumar, Adv. for HPSPCB (Through VC) Ms.
Puja Kalra, Adv. for MCD (Through VC) Mr.
Darpan KM & Mr.
Rajat Jonathan Shaw, Advs. for the State of Karnataka (Through VC) Mr.
Mukesh Verma & Ms.
Vatsala Tripathi, Advs. for UKPCB & MPCB (Through VC) Mr.
Ashish Prasad, Ms.
Pruthvi Dhinoja & Ms.
Hasnat Nazki, Advs. for Hindalco Industries ORDER 1.
Tribunal by order dated 18.01.2022 had disposed of the OA 164/2018, OA 194/2020, OA 94/2020, OA 148/2020, OA 107/2020, OA 117/2014, OA 499/2014 and OA 102/2014.
The order of the Tribunal dated 18.01.2022 was subject matter of challenge before the Hon’ble Supreme Court in Civil Appeals No.
3856/2022, 4529/2022, 4525/2022 and 4581/2022, mainly on the ground of non-compliance of principles of ‘Natural Justice’.
Hon’ble Supreme Court by order dated 05.07.2023 has allowed the appeals and remanded the matter by setting aside the order of the Tribunal dated 18.01. ted 18.01.2022 and by observing as under:- “18.
We have perused the impugned order of the NGT and particularly paragraph ‘16’ which has been extracted above.
It is apparent that the appellant(s) herein who were respondents before the NGT were not given an opportunity to file their objections to the recommendations made by the Committee constituted by the NGT which is apparent by the fact that the recommendations were uploaded on 15.01.2022 and the final order of the NGT was passed three days later on, i.e.
18.01.2022.
Thus, this is a clear case of there being non compliance with the principles of natural justice.
On the said ground alone the impugned order is set aside, the matter is remanded to the NGT for re-consideration from the stage of the recommendations filed by the expert Committee constituted by the NGT.
The appellant(s) herein are permitted to file their objections, if they are so advised.
The NGT shall consider the objections, if any, filed to the recommendations and thereafter dispose of the applications in accordance with law and after giving a reasonable opportunity to all parties.
19.
The appeals are allowed and disposed of in the aforesaid terms.
Pending application(s), if any, shall stand disposed of.” 4 2.
The Tribunal on 02.11.2023 had directed the Registry to issue notice to all the parties in these OAs.
3.
It has been pointed out by Counsel for HINDALCO that the I.A.
384/2019 and I.A.
No.
558/2019 have wrongly been listed today and these IAs were dismissed/disposed of vide order dated 17.10.2019.
4.
Since, I.A.
558/2019 have been dismissed/disposed of, therefore, office is directed not to list the said IAs.
5.
He has also pointed out that orders of the Tribunal dated 28.08.2018 17.10.2019 passed in OA 164/2018 were subject matter of challenge at the instance of HINDALCO before the Hon’ble Supreme Court in Civil Appeal No.
15-16/2020 wherein Hon’ble Supreme Court on 17.12. on 17.12.2019 had passed the following interim order:- “Delay condoned.
Application seeking exemption from filing certified copy of the impugned order is allowed.
Application for stay submitted in Court taken on record.
Issue notice.
In the meantime, there shall be stay of the impugned order in terms of prayer (i).” 6.
He has further pointed out that the above Civil Appeals have been decided by the Hon’ble Supreme Court by order dated 04.07.2023 by directing as under:- “10.
It is apparent that the appellant's concern that a new standard other than what has been prescribed by the statute, has been mandated is borne out.
Entry 70 of the First Schedule to the Rules stipulates that for boilers with the capacity of 15 ton per hour or more, the emission standard is 150 mg/Nm3.
The NGT was persuaded to accept the suggestions of the Committee, which recommended a stringent standard i.e.
50 5 mg/Nm3.
While this was not permissible without amendment of Rules, at the same time this Court is alive of the fact that the Committee constituted by the NGT comprised of distinguished technical experts who, in their wisdom, recommended that the standard for the appellant ought to be 50 mg/Nm3, though they did not furnish any reason why other units were not expected to follow that standard.
11.
In the circumstances, this Court is of the opinion that rather than setting aside the impugned order entirely, it would be appropriate that the issue is remitted to the Central Pollution Control Board (CPCB) which should examine the feasibility of altering the standards applicable to industries like those of the appellant.
This would, in our opinion, lend uniformity to the exercise and enable the CPCB to have wider consultations.
12.
Accordingly, the impugned order is hereby modified.
The issue with respect to the appropriate emission standards for boilers shall be re-examined by the CPCB having regard to all relevant factors after taking into consideration such views of technical and expert per expert personnel as is necessary.
The CPCB shall take up the exercise and complete it as early as possible, preferably within one year.
13.
The appeals are allowed in terms of the aforesaid direction.” 7.
It has also been pointed out by Counsel for Northern Coalfields Limited that Civil Appeal No.
5032/2019 against the order of the Tribunal dated 28.08.2018 is pending.
Learned Counsel appearing for Grasim (earlier M/s Aditya Birla Chemicals, Ranukoot) has also submitted that order of the Tribunal dated 28.08.2018 and 19.07.2019 have been challenged by Grasim Industries Limited in Civil Appeal No.
8401- 8404/2019 which is pending and that Hon’ble Supreme Court by order dated 04.11.2019 had directed that the proceedings before the National Green Tribunal qua the aspect involved in the appeals be deferred and the said interim order passed by the Hon’ble Supreme Court is still operating.
Hon’ble Supreme Court on 04.11.2019 in Civil Appeal No.
8401- 8404/2019 (Civil Appeal Diary No.
37833/2019) had passed the following order:- 6 “Application for exemption from filing c/c of the impugned judgment is allowed.
Delay condoned.
At the oral request of learned senior counsel for the appellant, CSIR- National Environmental Engineering Research Institute is impleaded as respondent No.49.
Learned senior counsel for the appellant submits by relying on report at page 711, Vol.
IV and page 42 of the additional documents (at page 112, Vol.
V) that it has been opined that from the point of view of environmental perspective, it was not recommended to open the Secure Landfill Resource (SLR) and, thus, shifting of the Mercury bearing brine sludge would cause environmental hazard and no method has even been informed to the appellant despite queries raised to the concerned authorities.
The proceedings before the National Green Tribunal qua the aforesaid aspect be deferred as we are informed that the matter is listed tomorrow.
Order dasti today.” 8. today.” 8.
The Tribunal by order dated 28.08.2018 had directed the implementation of the recommendations of the core Committee to the following effect:- “9……………………xxx………………………..xxx…………………..xxx Final Recommendations Compliance requirement identified during the Inspection carried out in pursuance of the Order of the NGT dated December 6, 2017.
The Core Committee carried out a fresh investigation in the Singrauli area on January 8 and 9 , 2018 as directed by the NGT, New Delhi (vide order dated December 6,2017).The compliance necessary further are documented as under: (i) Thermal Power Plants a) All the AWRS and ESPs installed by the thermal power plants should be made functional on continuous basis.
The stacks of the power plants and the ambient air monitoring stations need to be linked with CPCB/SPCB network. b) Necessary renovation of the ash dykes needs to be carried out in order to prevent ash slurry going to Rihand Reservoir. c) District Administration/State Government is required to declare an area in the 300 km radius of the power plants as a 7 utilization zone where fly ash/bottom ash derived bricks/blocks and building products are made mandatory to be used in the buildings and other construction activities.
It is gathered that there are few brick making units which are mixing soil with fly ash to make bricks.
It shall be ensured that at least 25% of flyash shall be mixed in making clay bricks within 100 Km radius of thermal power plants, otherwise it will be in contravention to the Fly ash Notification 2009 issued by the MoEF&CC, New Delhi.
The .making of bricks from soil or mixed soil is to be banned forthwith. d) All Thermal Power Plants in Sonebhadra and Singrauli Districts must be supplied with coal containing ash less than 34°/o on quarterly average basis as stipulated vide Notification No.
GSR 02 (E) dated January 02,2014. e) Shaktinagar Super Thermal Power Plant of NTPC Ltd.
NTPC Ltd. must repair their damaged pipeline and stop discharge of sewage into Ballia Nallah with immediate effect. f) Transportation of coal in open trucks is continued unabated thereby defying the very purpose of installation of the Pipe Conveyor System.
Further, the residents in the concerned area complained about severe noise pollution caused by the prevailing coal transportation system.
Necessary compliance should be carried out to reduce the noise pollution to the level required by the concerned SPCB with immediate effect.
In case of dire necessity of transportation of fly ash and bottom ash, CPCB Guidelines for Loading/Unloading and Transportation of Flyash (December 2013), made for this purpose should be strictly followed.
CCTV cameras are to be installed at strategic locations to monitor such transports by the concerned SPCBs.
NCL, Gorbi Block B mine shall complete its railway track at the earliest and stop road transportation of coal up to Morba Railway siding.
Similarly, Jayant mine shall either transport coal upto Morba railway siding by conveyor system or make arrangements to load the entire coal in railway wagons from the mine itself and stop the road transportation of coal. ii) Aluminum Smelter: M/s Hindalco Industries, Renukoot a) Industry shall achieve emission limit of 50 mg/Nm3 for particulate matter in respect of all Baking furnaces.
The emission from boilers shall be reduced to the level of 50 mg/Nm3 from the existing norms of 150 mg/Nm3by December 31, 2019 retrofitting of exiting ESPs and also meet emission limit of 502 & NOx notified for industrial boilers. b) Industry shall ensure that no red mud is leached out to ground water during monsoon and post monsoon period.
Piezometers/monitoring wells should be installed in and around the red mud disposal sites in consultation with the CGWB/concerned SGWB.
Regular monitoring of the leachate should be carried out as per the sampling and analysis plan as proposed by the concerned SPCB. rned SPCB.
Besides, industry shall facilitate utilization of Red Mud in nearby cement industries, including those located in MP.
The industry shall also explore the possibility of extraction of titanium and other heavy metals from the Red Mud. c) The Core Committee was informed that the industry has taken a zero waste water discharge initiative though no such 8 action plan could be obtained.
This action plan must be made ready within a month's time and submitted to UPPCB for necessary approval (iii) M/s Aditya Birla Chemicals, Renukoot a) Industry shall ensure proper operation of effluent treatment plant so as to ensure the compliance of the effluent discharge standard.
The industry shall also ensure that no untreated/partially treated effluent finds its way in to the Nallah leading to the Rihand Reservoir.
The channel leading to Rihand Reservoir has to be intercepted, diverted and treated within the industry.
The nallah presently passing through the factory should be isolated so that the industry cannot discharge any treated/partially/treated/untreated effluent which is being done now. b) There is also an urgent need for the preparation of an action plan by the industry to shift the mercury bearing brine sludge and the muck contaminated with chlorinated chemicals from the factory premises to the TSDF in consultation with the UP State Pollution Control Board.
It may be stated here that storage of hazardous mercury bearing brine sludge and the muck contaminated with chlorinated chemicals inside the premises is not permitted by the prevailing Hazardous Waste Management Rules,2016 and, therefore, to be shifted to a suitable TSDF immediately. (iii) M/s Northern Coalfields Limited (NCL) a) As per the provisions of the Notification of 2009, 25°/o percent of flyash should ,along with Over Burden (OB) generated in the mines of NCL, be used for back filling the abandoned mine. oned mine.
NCL must sign an MOU with NTPC and make available the abandoned Gorbi Mine for this purpose without further delay.
NCL is required to obtain the necessary permission from the concerned DGMS in this regard.
Further, the external dump and exhausted pits should be scientifically reclaimed using suitable biological and engineering measures as well as by mixing fly ash as per fly ash notification.
Since human habitation has been seen to exist in the close proximity of the OB dump, NCL must take all possible initiatives for slope stabilization thereby preventing any possibility of accidents of sliding OB causing damage to property and life. b) The norm of ash content equal to or below 34 percent is not strictly complied with by the NCL and ash content is going as high as 40 percent and beyond .Coal beneficiation is ,therefore, be initiated to obtain coal having less than 34% ash. c) Also, the coal mines shall ensure that transportation of coal shall only be either by railway wagons or by the dedicated conveyor system.
No transportation of coal shall be permitted by road to any of the industries in the Singrauli area, as recommended earlier also.
The railway wagon loading area requires better material management as severe dust pollution is found in the area. (V) Stone crushers 9 a) All stone crushers in Singrauli are have not taken adequate pollution control measures as the level of air pollution in the vicinity of stone crushers is high and causes a health hazards.
Most of the crushers are located very near to habited area or very near to the roads/ highways.
Allsuch stone crushers which are not suitably located as well as which do not have adequate pollution control systems should be immediately closed.
Relocation of stone crushers may also be explored. (VI) Pollution Control Boards and MoEF& CC a) The regional carrying capacity of the entire Singrauli region is to be assessed before allowing any expansion scheme with respect to the existing industries. ndustries.
This assessment is the prerequisite for such consideration in future. b) The concerned SPCBs must ensure that all the major stacks from all the industries are being continuously monitored and these are linked with the CPCB/SPCB network.
Effluent discharges from the industries are monitored once a month. c) The existing network of monitoring system for AAQ monitoring in both the districts of UP & MP need to strengthened and expanded to get representative air quality status of Singrauli area.
Industries in the area should install at least three continuous ambient air quality monitoring stations forthwith on "Polluter Pays Principle" at such locations as may be decided by CPCB in consultation with the respective SPCBs.
The data generated should be transferred to SPCBs, CPCB and MoEF& CC on continuing basis. d) It is also essential that at least three continuous monitoring systems for mercury (Hg) monitoring in the ambient air should be installed (covering both the Districts of UP & MP) forthwith at suitable locations in the Singrauli area by the industries on "Polluter Pays Principle".
CPCB in consultation with the SPCBs shall guide the industries regarding the location of the monitoring stations.
Besides mercury in and surface and ground water should also be monitored manually once in a three months. (VII) District Administration of respective States a) The Awdi-Shaktinagar Marg and Singrauli-Awdi –Dibulgunj Margare extensively used for heavy traffic and for clandestine coal transport leading to dust pollution.
Further, the dense population which are residing along these roadsides are severely affected by dust pollution.
As has been mentioned, coal transportation by open truck is to be banned forthwith.
CCTV cameras are to be installed at strategic location to record any violation in this regard. is regard. b) To improve the prevailing situation, these roads are required to have 4/6lanes and the pavements should be furnished with inter locking bricks of suitable quality to arrest air entrainment of dust. c) Since there is no strategy for disposal of the RO reject in an environmentally friendly manner, prevailing practice of dumping of RO reject shall affect nearby land as well as water resources with long term consequences leading to irreversible ecological damage.
Therefore no further installation of RO 10 plants in affected villages is recommended.
Instead water supply should now be practiced using water tankers as an interim measure.
Piped water supply from Rihand reservoir will be a longterm solution for drinking water supply to fluoride and mercury affected villages. d) In the past Rihand reservoir was polluted by the major industries in the area such as thermal power plants, coal mines, M/s Aditya Birla Chemicals, Renukoot and M/s Hindalco Industries, Renukoot.
Since this reservoir isthe only drinking water source in the area, the reservoir needs restoration and protection.
A comprehensive study needs to be undertaken to assess the reservoir's water and sediment quality and to delineate water and sediment remediation and restoration measures on Polluter Pays Principle.
All the streams and nullahs joining the reservoir need to be intercepted and diverted to save the reservoir from further pollution.
CSIR NEERI, Nagpur and/or CSIR-IITR, Lucknow may be entrusted with this study for which both these organizations have the requisite expertise. e) As the patients with clinical manifestations suggestive of fluorosis were also noted to have severe malnutrition, mineral and nutrient supplements for these areas should be ensured by the District Administration.
Further, patients with clinical manifestations suggestive of fluorosis must be monitored for their health through a scientific plan of periodic checkup as recommended by KGMU, AIIMS, Bhopal and IMS, BHU.
IMS, BHU.
Dental as well as bone fluorosis can be improved, if detected in the early stage.
It is also essential to establish a Standard Toxicological Testing and Analysis Laboratory in the region.
The earlier recommendation of establishment of Training Centers to train Health care workers including Doctors in KGMU, Lucknow and AIIMS, Bhopal for identifying the sources of diseases due to fluoride/mercury emission/discharge and treating the affected patients must now be do neat an early date. f) There is a number of health related issues like silicosis, fluorosis, and the impact of mercury on the people in the area, which need to be examined in detail.
The District Administration is urgently required to identify long term project needs with proper funding and adequate manpower under "Polluter Pays Principle" for estimating the magnitude of health related problem with special reference to silicosis, fluorosis, and the impact of mercury on the people in the area. g) The District Administration of both the States are required to hold monthly meetings of all the stakeholders of Singrauli area, prepare minutes signed by the Stake holders and place it before the Supervisory Committee constituted by NGT in its order dated December 6, 2017.” 10.
The above report was filed before this Tribunal on 03.04.2018.
No objection appears to have been filed by any party in spite of sufficient opportunity being available.
Learned counsel for respondent no.
17 states that Aditya Birla Chemicals Limited has filed objection to the effect that it cannot divert the drain in terms of the recommendations.
If drain is required to be diverted to prevent pollution, the same must be done unless an alternative is suggested.
Thus, we do not find any merit in the objection and the same is rejected.
All the recommendations as quoted above are accepted.
If any of the industries fails to comply with the recommendations, the 11 same may have to be shut down.
The application is accordingly disposed of. sposed of.
To comply with the above directions, we consider it appropriate to constitute an oversight Committee as follows: a) Justice Rajesh Kumar, Allahabad High Court and former Chairman of Debt Recovery Appellate Tribunal - Chairman. b) Representative of Central Pollution Control Board - Member. c) A representative each from the Madhya Pradesh Pollution Control Board and Uttar Pradesh Pollution Control Board – Members. d) District Magistrates of Districts Sonebhadra and Singrauli - Members.
The Committee will take the following steps: Take stock of all actions taken so far. Prepare time bound action plan to deal with the problem and ensure its implementation.
The Committee may requisition services of such technical experts as may be necessary and may also carry out visits to sites whenever necessary.
They will be entitled to all logistic support for performing these functions which shall be provided under the directions of the Chief Secretary, Madhya Pradesh and Chief Secretary, Uttar Pradesh 14.
The Monitoring Committee may also set up website for receiving and giving information on subject.
15.
The Monitoring Committee may also involve educational institutions for awareness and feedback about results.
16.
All authorities concerned in the States of Madhya Pradesh and Uttar Pradesh shall cooperate and coordinate with the Monitoring Committee.
The Committee can seek such technical assistance as may be required from any relevant authority.
17.
The Chief Secretary, Madhya Pradesh and Chief Secretary, Uttar Pradesh to provide all facilities to said Committee to perform its functions.
The Committee may send its periodical reports to the Tribunal by E-mail.
18.
The Committee may assume its charge within two weeks from today.
The Committee may prepare Action Plan which shall have targets of ensuring compliance.
It may meet at such intervals as considered appropriate but twice in every month and fix targets for compliance.
19. iance.
The Committee will be free to take up all incidental issues.
The Committee will be free to seek any further directions from this Tribunal by E-mail.
12 20.
The Chief Secretary of the State of Madhya Pradesh may determine remuneration of the Chairman in consultation with him and the Chief Secretaries of Madhya Pradesh and Uttar Pradesh will also provide all logistic support including security of needed for their proper functioning.
21.
The District Magistrates of Districts Sonebhadra and Singrauli will be the co-coordinators for their respective Districts.
The Committee may furnish a report of the action taken to this Tribunal after three months.
22.
The Committee will be entitled to take the help of the technical experts in execution of this order.
The Committee may frame its action plan for implementation within one month from today and implementation may be completed within six months as far as possible.
The timelines may be laid down.
A copy of the action plan may be sent to this Tribunal.
Thereafter, reports may be sent at least once in two months.
The Committee may also assess the damage to the environment as well as to the individuals as already suggested in the Report.
The application is disposed of.” 9.
Counsel for the parties are directed to inform if any other Civil Appeal is pending before the Hon’ble Supreme Court against any of the orders of NGT passed in these proceedings and also any other order passed by the Hon’ble Supreme Court giving protection/direction concerning this matter.
Let the same be placed on record within four weeks.
10.
Learned Counsel appearing for respondent no.
4, MPPCB in OA No.
164/2018 has submitted that respondent no.
14, S.R.
Power MP Limited was declared insolvent by the NCLT and has been acquired by M/s Mahan Energen Limited - Adani Power, therefore, the said respondent is also required to be impleaded in the matter.
The prayer is allowed. s allowed.
M/s Mahan Energen Limited - Adani Power, Village Bandhaura (Waidhan), District Singrauli Madhya Pradesh through its CEO is impleaded as respondent no.
25.
13 12.
Let notice be issued to the newly added respondent no.25 for filing the response by way of affidavit at least one week before the next date of hearing.
The record reflects that except for some, all other parties have been served in the matter.
The Registry is directed to take fresh steps for service of notice upon the unserved parties.
14.
Respondents are granted four weeks to file the reply, by way of affidavit, if the same has not been filed till now.
Thereafter, it will be open to the applicants to file the rejoinder within four weeks.
The parties are directed to complete the pleadings within 10 weeks.
List on 28.01.2025.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr.
Senthil Vel, EM Dr.
Afroz Ahamd, EM October 01, 2024 Original Application No.
164/2018 & other connected matters SN..