Disposed

Ramnarayan Choudhary vs

NGT1 Jul 2024Original Application No. 335/2024

Case brief

AI extract

What is this about?

This TNvec application sought redress regarding illegal extraction of water from Sambhar Salt Lake, a Ramsar site. The National Green Tribunal held the issue had been fully adjudicated in its earlier judgment dated 09.11.2023 and disposed of the current petition accordingly.

What did the court decide?

Liberty granted to file application for execution of previous directions; current application disposed of.

Ramnarayan Choudhary vs — Environment and Pollution | NGT (2024)

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Item No.02

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Court No.02

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No.335/2024

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Ramnarayan Choudhary Applicant(s) Versus State of Rajasthan Respondent(s)

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Date of hearing: 01.07.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None

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ORDER

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This Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’ ) has been registered in exercise of suo-moto jurisdiction on a letter petition date 08.09.2023, sent by Ram Narayan Choudhary.

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Complainant has alleged that Sambhar Salt Lake is a Ramsar site in district Jaipur, Rajasthan. Lake water is being illegally extracted for production of salt endangering life and movement of migrated birds in the area and thereby causing damage to Ramsar site.

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We find, that issue of Sambhar Lake in respect of extraction of salt water has been considered in detail by this Tribunal its judgment dated 09.11.2023, in O.A. 94/2022(CZ) Sambhar Salt Ltd. Vs. Union of India and the same was disposed of with various directions, as are reproduced

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hereunder:

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“Additional Chief Secretary/Principal Secretary, Environment Department, State of Rajasthan shall ensure demarcation of lake area, delineation of Core and Buffer area of Sambhar Lake Wetland within 3 months.

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(ii) Additional Chief Secretary/Principal Secretary, Department of Revenue and Collectors of Districts Nagaur, Ajmer and Jaipur shall co-operate and coordinate with Additional Chief Secretary/Principal Secretary, Environment Department for completion of the above task, within the time prescribed.

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(iii) The State Wetland Authority and all other concerned authorities shall finalise Integrated Environment Management Plan (hereinafter referred to as „IEMP‟) of Sambhar Lake wetland and forward to National Wetland Committee for its approval within one month. IEMP should include a proposal for the establishment of “Hydrobiological Monitoring Station” in the vicinity of wetland.

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(iv) National Wetland Committee shall consider the above plan and take a final decision in the matter within next one month from the date 128 of receipt of the above plan.

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(v) If National Wetland Committee finds any information wanting or discrepancy in the plan sent by State Wetland Authority, it shall immediately communicate the same to State Wetland Authority but all the authorities shall ensure that in no case, the issue of final approval of IEMP of Sambhar Lake Wetland is finally approved beyond 4 months from today.

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(vi) RSPCB shall take steps to stop discharge of untreated effluent in wetland whether by any local body or individual or industrial unit in any manner and shall take all preventive, prohibitive, remedial as well as punitive including criminal action against the defaulters/violators.

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(vii) The action shall include initiation of proceedings for prosecution, assessment and realization of environmental compensation.

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(viii) A specially High Powered Committee is constituted chaired by Member Secretary, National Wetland Committee and members including Member Secretary,

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RSPCB, Member Secretary, State Wetland Authority, a nominee of DG (Forest), MoEF&CC, a nominee of Department of Environment, State of Rajasthan, Collectors of Districts Nagaur, Ajmer and Jaipur and an Expert in the field of wetlands/lakes ecology from Central Arid Zone Research Institute (CAZRI), Jodhpur (to be nominated by Director) who shall visit the site of Sambhar Lake wetland, prepare a Report on the aspect of illegal extraction of lake brine/water from the Sambhar Lake, installation of borewells illegally by the individuals or companies or firms, violation of Wetland Rules, 2017 and other environmental laws etc., and other activities causing damage to the ecology of Sambhar Lake and identify the violators.

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(ix) The said Report shall be prepared within 3 months and the first 129 meeting of the Committee shall be held within 15 days from today.

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(x) Nodal agency of the Committee shall be Member Secretary, National Wetland Committee.

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(xi) The report of above constituted Special High Powered Committee shall be submitted to Chief Secretary, State of Rajasthan who shall ensure compliance of the recommendations and observations made by the Committee in the said Report by the concerned authorities and officials in the next 3 months from the date of receipt of the said Report.

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(xii) It is made clear that in case even applicant i.e., M/s. Sambhar Salts Limited or Railway Department is found to have violated the laws or the provisions relating to protection of environment and in particular, wetland, appropriate action shall be taken against them also. If Committee finds that continuance of railway line in the wetland area is not in the interest of the effective protection and management of wetland, it shall make appropriate recommendation requiring the Railway in consultation with the Chairman, Railway Board for relocation of the line and to get the wetland area cleared.

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(xiii) If any of the directions above remained uncomplied with including the time frame, Secretary, MoEF&CC shall take necessary action for initiation of prosecution against the concerned violator(s) by initiating criminal prosecution under Section 26 of NGT Act, 2010 and Section 15 of EP Act, 1986 and similar other environmental laws by lodging criminal complaint by

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himself or by any other Competent Authority nominated by him, within 2 months of expiry of the time frame or violation of environmental laws.

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(xiv) Compliance Reports by all the concerned authorities to whom above directions have been issued, shall be submitted within 15 days after expiry of the period mentioned above for the action taken by them 130 with Registrar of Central Zone Bench, Bhopal who if finds necessary, place the matter before the Bench for further directions.”

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Since the issue has already been adjudicated by this Tribunal, we do not find it necessary to multiply litigation and give liberty to applicant that in case directions already issued by this Tribunal in O.A. 94/2022(CZ) (Supra) are not being compiled by the concerned parties, appropriate application for execution thereof may be filed in accordance with law.

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With the above directions, this Original Application is disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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July 01, 2024 Original Application No.335/2024 M

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Ramnarayan Choudhary vs

Case brief

What is this about?

What did the court decide?

Ramnarayan Choudhary vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Parties & counsel

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