Disposed

Akash Dubey v. Union of India

NGT25 Nov 2024IA No. 481/2024 in Original Application No. 109/2024

Case brief

AI extract

What is this about?

The NGT disposed of an application alleging forgery in Environmental Clearance documentation, directing SEIAA to consider Joint Committee reports before issuing clearance without examining them itself.

What did the court decide?

Permitted applicant to place Joint Committee reports before SEIAA for independent consideration prior to Environmental Clearance issuance.

Akash Dubey vs Union of India — Public Procurement and Tenders | NGT (2024)

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Item No. 10

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 109/2024 (I.A. No.481/2024)

Akash Dubey

Applicant

Versus

UOI & Ors.

Respondent(s)

Date of hearing: 25.11.2024

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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

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Applicant: Mr. Gaurav Kumar Bansal, Ms. Nandita Bansal & Ms. Komal Sharma, Advs.

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Respondents: Mr. Somesh Chandra Jha & Ms. Saumya Dwivedi, Advs. for MoEF & CC Mr. Saurabh Balwani, Adv. for CPCB (Through VC) Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB (Through VC) Ms. Priyanka Swami, Adv. for SEIAA, UP (Through VC) Mr. Harish Pandey, Mr. Vinayak Mishra & Mr. Ayush Mishra, Advs. for R – 10

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ORDER

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In this Original Application, the Applicant has made a complaint that Respondent No. 10-Project Proponent had committed act of forgery in filing Form I for Environmental Clearance (EC) for extraction of Moruum from the river bed of Sone River at Arazi No. 15, Cha, Khand No. 02, Village Bhagwa, Tehsil–Obra, District Sonbhadra, Uttar Pradesh whereas there is no morrum in that area.

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The Tribunal by order dated 29.01.2024, while issuing notice, had taken note of the fact that the Joint Committee was constituted by SEAC and had directed for submission of the report of the said Joint Committee before the Tribunal. Accordingly, the report dated 15.03.2024 was filed. The Tribunal by order dated 01.04.2024, had constituted a Joint Committee which has submitted the report dated 05.07.2024 and had submitted the additional report dated 27.09.2024.

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The prayer made by the Applicant in the OA is as under:-

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“a. Direct Respondents and in particular SEIAA, UP to decide the complaint of the applicant within time as issued by this Hon’ble Court.

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b. Direct the Respondents and in particular SEIAA-UP to finalize the issue regarding grant of Environmental Clearance to project proponent only after deciding the complaint raised by the applicant.

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c. Direct Respondents to frame Regulatory mechanism for timely disposal of the complaints/representation highlighting issues regarding non implementation Green Laws of the Land.

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d. Pass any such other or further order as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the present case.”

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It has been pointed out that the issue relating to grant of EC is still pending before the SEIAA, UP and the application for the grant of EC made by Respondent No. 10 has not been allowed till now. Therefore, undisputedly, the issue which the applicant is raising and the material on which he is relying can be looked into by the SEIAA, UP at the stage of grant of EC.

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Hence, we dispose of the OA permitting the applicant to place before the SEIAA, UP the reports of the Joint Committee on which he is placing reliance. The SEIAA, UP will duly consider the said reports at the before issuance of EC.

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We make it clear that we have not examined the report of the Joint Committee. Hence, the SIEAA, UP will consider the report independently in accordance with the law while taking the decision.

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All Pending IAs also stand disposed of.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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November 25, 2024 Original Application No. 109/2024 (I.A. No.481/2024) A..

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Akash Dubey v. Union of India

Case brief

What is this about?

What did the court decide?

Akash Dubey v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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