BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Application No. 59 of 2012
Vikrant Kumar Tongad Vs. Union of India & Ors.
CORAM:
Present:
HON’BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HON’BLE MR. JUSTICE P. JYOTHIMANI, JUDICIAL MEMBER
HON’BLE DR. D. K. AGRAWAL, EXPERT MEMBER
HON’BLE Prof. A.R. YOUSUF, EXPERT MEMBER
HON’BLE Prof. R.C. TRIVEDI, EXPERT MEMBER
Applicant:
Respondent No. 1:
Respondent
Respondent
Respondent
Respondent
Respondent
Respondent
Date and
Remarks
No.
No.
No.
No.
No.
No.
2:
3:
5:
6:
9:
10:
Mr. Raj Panjwani Sr. Advocate, along with
Mr. Rahul Choudhary, Advocate
Mr. Vikramjeet, Advocate for Ms. Neelam
Rathore, Advocate
Mr. Dutta, Advocate
Mr.Gaurav Bhatia, Advocate
Mr. Pradeep Misra
Mr. Sanjeev Aitawal, Advocate
Mr. Alok Kirshan Agrawal,Advocate
Mr. Vivek K. Tamkha, Advocate
Orders of the Tribunal
Item No. 17
This is in furtherance of our order dated 8th February,
February
28,
2013. Learned Counsel appearing for the M/s. OMEX
2013
Buildhome Pvt. Ltd. submits that M/s. OMEX Limited is
not carrying on the project at the site in question.
He
further states that Mr. Rohtash Goel is the Managing
Director of M/s. OMEX Limited and shall be present in
court on the next date of hearing.
Without prejudice to
different contentions that may be raised and the orders
that the Tribunal may pass, presently M/s. OMEX Ltd. is
directed to contain further proceedings.
The Learned Counsel appearing for the above party as
well as M/s. Cosmic Structures Limited, which is carrying
on the project of M/s. Cosmic Corporate Park as well as
M/s. Ram Ratan Real Estate, Greater Noida, pray for time
to file affidavit. Let the affidavits be filed within two weeks
from today. Let the reply affidavit, if any, be filed within
one week thereafter. Copy of the application be furnished
to all the learned counsel for the parties.
All the public authorities like NOIDA, Greater NOIDA,
Yamuna Expressway Authority, Central Ground Water
Authority and the State of U.P. may also file reply affidavit,
if any, within two weeks from today.
Rejoinder by the
Applicant, if any, be filed within one week thereafter.
The notice has been issued by the Registry by mistake
to M/s. Ram Ratan Infrastructure Pvt. Ltd., Mumbai
instead of M/s. Ram Ratan Real Estate, Greater Noida.
That party is ordered to be discharged.
Reply by these parties will be filed keeping in view what
has been recorded in our order dated 8th February, 2013 in
addition to the contents of the application.
Except Mr.
Rohtash Goel, who is not present today, others need not
to be present on the next date of hearing until they are
directed.
Reply on behalf of Respondent No. 4 Chairman of
Environment Pollution (Prevention & Control) Authority,
Mr. Bhure Lal, has been filed on record. In this affidavit
besides others, it has been stated that there are 34
packaging drinking water units working in NOIDA and
Greater Noida without permission of any of the authority
i.e.
NOIDA,
Greater
Noida,
Central
Ground
Water
Authority, and U.P. Pollution Control Board and/or from
any other competent authority.
In the affidavit, it has been specifically stated that these
units besides being polluting units, are also exploiting the
underground water.
scarcity.
This apparently results in water
In any case, the law prohibits carrying on any
units or industry acting without permission of the above
said authorities. The details of such units are as follows:
1. Hello Mineral Water (P)
Ltd.
2. M.K. Water Supply
3. P.P. Beveragaes
4. Amrit Dhara (Vardhman
Enterprises)
5. Advance Engineering
6. Spirit India
7. Karma Water Solution (P)
Ltd.
8. Prakash Industries
D-18, sector-3, Noida
9. Fista Beverages
10. Bhomiagi Enteprises
11. True Drop-Sri Rajeev
Jain
12. Noida Water Supply – Sri
Om Veer Avana
B-85, sector-10, Noida
F-44, Sector-11, Noida
Village-Atta
B-53, sector-7, Noida
E-18, sector-7, Noida
E-169, sector-7, Noida
B-40, sector-7, Noida
A-31, sector-8, Noida
C-41, sector-10, Noida
C-383, sector-10, Noida
Village-Atta
13. Ausmit Pure Water (P)
Ltd.
14. Avishi Beverages (P) Ltd.
15. Modern Electro Power (P)
Ltd.
16. Asha Water Treatment
(P) Ltd.
17. Solutary Pure Aqua
18. AG Hydrotech (P) Ltd.
19. Tyagi Beverages
20. Pure Aqua (P) Ltd.
21. Shri Shyam Enterprises
22. Deep Enterprises
23.
Shiv
Water
Gange
Mineral
24. Gomukhi Aqua Products
(P) Ltd.
25.
S.R. Breweries (New
Name Jukaso Foods)
26. Modipure Industries (P)
Ltd.
27.
Mountain Blue Water
Ltd.
28. A.R.R. Enterprises
29. Khetan Beverages
30. Nimbus Beverages
31. Bhandura Organics
32. Omsan Osmocare (I) (P)
Ltd.
33. M.D. International
34. A.S.T. Beverages (P) Ltd.
D-4, Ground Floor,
Sector-59,Noida
E-125,Sector-63, Noida
G-142,Sector-63, Noida
F—347, Ground Floor,
Sector-63, Noida
A-127, Sector-83,
Phase-II, Noida
Outer Park Plot No. 164
Street No.-7 Village
Mamura, Sector-66,
Noida
Sector -53, Gijhor,
village-Gijhor, Noida
Plot No. 233 Surfabad,
Sector -73 Noida
Village-Salarpur Near
Shiv Mandir, Sector101, Noida
Village Gijhore sector-53
Noida
Villaage Badauli,
Bangar, Post-Kasna
Sector-154
B-2/38 Site-B surajpur
Ind. Area, Greater Noida
K-225, Site-5 Ind. Area
Kasna, Greater Noida
90, Udyog Kendra-1
Greater Noida
I-117 Site –C Surajpur,
Greater Noida
147, Udyog Kendra-2
Greater Noida
F-5, Site-c Surajpur,
Greater Noida
j-83, Site-5 Kasna,
Greater Noida
M-17 Site-5 Kasna,
Greater Noida
A-2/2-8 Surajpur, siteB Greater Noida
Khasra No. 189 Main
Dadri Road, VillageKheri Greater Noida
A-2/62,Site -5 Kasna
Greater Noida
All these units shall stop operation forthwith and shall
not carry on activities of packaging drinking water by using
underground water and without consent of the Pollution
Control Board. Notice shall also issue to these units. The
NOIDA/Greater Noida authorities shall ensure its service
upon them as well as the Applicant.
Notice returnable on 21st March, 2013. Interim order
shall continue.
………………………………….,CP
(Swatanter Kumar)
………………………………….,JM
(P. Jyothimani)
………………………………….,EM
(Dr. D. K. Agrawal)
………………………………….,EM
(Prof. A.R. Yousuf)
………………………………….,EM
(Dr. R. C. Trivedi)