Fortnightly Report on Legal Cases (06 Feb - 17 Feb, 2017)

LAW DIVISION
CENTRAL POLLUTION CONTROL BOARD
6th February to 17th February, 2017
S
No
Case No. & Title
1
WP (C) No. 13029 of
1985 M.C. Mehta Vs
Union of India & ors
2
WP (C) No. 4677 of
1985 M.C .Mehta Vs
Union of India & ors.
3
WP(C) No.110 of
2006 People Right for
Social Research
Centre Vs UOI & ors
CA(No) 6934 of 2015
Federation of Indian
Granite and Stone
Industry Vs
Sarvbhoum Bagali &
ors
WP(C) No.657 of
1995 with SLP(C)
No.16175 of 1995
and CA No.7660 of
1995 Research
Foundation Vs Union
of India & ors
CA No. 3191 of 2014
Hanjer Biotech
Energies Pvt. Ltd Vs
Paryavaran Mitra
(Janvikas) & ors
4
5
6
7
8
OA NO. 89/2016
Anil Kumar
Vs. Union of India &
Ors.
OA NO.273/2016
Raman
Vs. U.O.I. & Ors.
Advocate &
Case summary
Division
Supreme Court (06 Cases)
Action Due and Compliance
by CPCB
Vehicular Pollution in Delhi
Reply filed.
Likely to be listed on 06.02.2017
Pollution by industries in Delhi
Reply filed
Likely to be listed on 07.02.2017
Related to pollution caused from
quartz industries
Reply filed
Likely to be listed on 08.02.2017
Related to granite mining work
Reply filed
Likely to be listed on 09.02.2017
Shri Vijay Panjwani
HWMD
Dealing Officer: Shri B
Vinod Babu
Regarding Import of hazardous
Waste
Reply filed.
Shri Vijay Panjwani
PCP
I/c Shri J.S. Kamyotra
Dealing Officer: Shri
Mantu Kumar
Choudhary/Shri S
Suresh, ZO
Regarding Air and Water Pollution
caused by the Rajkot Municipal
Solid Waste Disposal and landfill
management sit at Village
Nakravadi managed by Rajkot
Municipal Corporation and M/s
Hanjer Biotech Energies Pvt. Ltd
Reply filed
Likely to be listed on 17.02.2017
Adv.Rajkumar
PCI-SSI
(I/C Shri Abhay Singh)
This matter is related to brick kiln
operating in the State of Haryana
are causing substantial damage to
the Environment.
Pollution by heavy vehicles in Taj
Mahal and surrounding area of
TTZ.
CPCB reply already filed.
Shri Vijay Panjwani
PAMS
I/c Shri I/c
R.M.Bhardwaj
Shri Vijay Panjwani
PAMS I/c
R.M.Bhardwaj
PCI-I I/c Paritosh
Kumar
Shrii Vijay Panjwani
PCI-II
Dealing Officer: Shri
S.K.Arora
Shri Vijay Panjwani
PCI-II
Dealing Officer: Shri
S.K.Arora
Likely to be listed on 17.02.2017
National Green Tribunal ,PB, New Delhi ( 59 Cases)
Adv. Rajkumar
AIR LAB
(I/c Dr. D. Saha)
FORTNIGHTLY REPORT ON LEGAL CASES
th
th
06 to17 February, 2017
Listed on 06.2.2017
CPCB reply already filed.
Listed on 06.2.2017
1
S
No
9
10
11
12
13
Case No. & Title
OA NO. 108/2013
Legal Aid NGT Bar
Association
Vs. NCT of Delhi
OA NO. 179/2013
Rajhans Bansal
Vs. Ministry of Water
Resources & Ors.
OA NO.200/2014
M.C.Mehta
Vs. U.O.I. & Ors.
OA NO. 261/2016
Citizen Welfare
Society
Vs. State of Uttar
Pradesh & Ors.
OA NO. 384/2016
Khalid Ashraf & Anr.
Vs. Union of India &
Ors.
Advocate &
Division
Case summary
Adv. Rajkumar
PAMS
(I/c Shri R.M.
Bhardwaj)
Adv. Rajkumar
PAMS
(I/c Shri R.M.
Bhardwaj)
Adv. Alpana Poddar
NGRBA
(I/C Shri Suneel
Dave)
Adv. Shlok Chandra
PAMS
(I/C Shri
R.M.Bhardwaj)
Matters related to pollution due to
burning of plastic waste in Delhi.
CPCB reply already filed.
Listed on 06.2.2017
Related to Ganga Matter.
Listed on 06.2.2017
Related to STP in District Mathura,
U.P.
CPCB reply already filed.
Listed on 06.2.2017
Directions issued.
CPCB is not
Respondent.
Shri B.K.Jakhmola
(I/C Instrumentation
Lab)
Related to selling of Chinese
Manjha in India.
CPCB has to analyse samples of
Manjha provided by manufacturers
and file the report. Sample sent to
other lab for analysis. Report
awaited.CPCB has sent the samples
to the lab CIPET and the report is
awaited .4-6 weeks time is required
to file the report.
Listed on 06.2.2017
CPCB has to analyse samples of
Manjha provided by manufacturers
and file the report. Sample sent to
other lab for analysis. Report
awaited.CPCB has sent the samples
to the lab CIPET and the report is
awaited .4-6 weeks time is required
to file the report.
Listed on 06.2.2017
Joint Inspection Report has been
filed by UEPPCB.
Listed on 06.2.2017
OA NO. 442/2016
People for the Ethical
Treatment
Animals(PETA) India
Vs.
Union of India & Ors.
Directions issued.
CPCB is not
Respondent.
Shri B.K.Jakhmola
(I/C Instrumentation
Lab)
Related to selling of Chinese
Manjha in India.
15
OA No.344/2016
M/s Multiwal Duplex
Pvt. Ltd.
Vs. UEPPCB & Anr.
OA No.345/2016
M/s Multiwal Pulp &
Board Mills (P) Ltd.
Vs. UEPPCB & Anr.
OA NO.573/2016
Shailesh Singh
Vs. Beltek Canadian
Water Ltd.
Adv. Rajkumar
PCI-III
(I/C Shri Gurnam
Singh)
Adv. Rajkumar
PCI-III
(I/C Shri Gurnam
Singh)
Adv. Rajkumar
I/C PAMS
(Shri R.M.Bhardwaj
& Shri Abhey Singh)
Paper Industry matter filed against
closure directions of UEPPCB.
17
CPCB reply already filed.
Listed on 06.2.2017
Matters related to pollution due to
burning of plastic waste in Delhi.
14
16
Action Due and Compliance
by CPCB
FORTNIGHTLY REPORT ON LEGAL CASES
Paper Industry matter filed against
closure directions of UEPPCB.
Related to extraction of ground
water & discharge of untreated
waste water in River Yamuna by
the respondents producing
drinking water bottles in Gautam
Buddha Nagar area.
th
th
06 to17 February, 2017
Joint Inspection Report has been
filed by UEPPCB.
Listed on 06.2.2017
CPCB reply already filed.
Listed on 06.2.2017
2
S
No
Case No. & Title
Advocate &
Division
Case summary
Action Due and Compliance
by CPCB
Directions issued on 03.02.2017 to
conduct the inspection of 5 hotels
& 5 hospitals by the Joint
Inspection committee within 2
days.
Listed on 07.2.2017
CPCB reply already filed.
OA NO. 61/2017
(Earlier OA NO.
199/2014) Almitra H.
Patel & Anr.
Vs. Union of India &
Ors.
OA NO.561/2015
Cherub Singla
Vs. U.O.I. & Ors.
Adv. Vijay Panjwani
PCP
Matter dealt by Shri
M.K. Chaudhary
Related to disposal of MSW.
Report filed by CPCB in
compliance of Order dated
13.01.2017.
Adv.Alpana Poddar
UPCD
(I/C Ms. Meeta
Sharma)
20
OA NO. 36/2012
Rajeev Naraian
Vs. Union of India &
Ors.
Adv.Alpana Poddar
HWMD
(Shri B.Vinod Babu)
Related to fuel adulteration at
petrol pumps.
CPCB reply already filed.
Adjourned for the next date of
hearing.
The matter is related to
acceptance of hazardous wastes
for direct disposal to secured
landfill sites.
21
OA NO. 525/2014
Ganga Action Parivar
Vs. State of Haryana
& Ors.
Adv.Rajkumar
PAMS
(I/C Shri
R.M.Bhardwaj)
22
OA NO. 178/2014
Shweta Narayan
Vs. MoEF&Ors.
Adv.Rajkumar
PCI-II
(Shri P.K.Gupta)
23
OA NO. 263/2015
Sanjay Kumar
Vs. State of UP &
Ors.
OA NO.140/2014
Nanga Ram Dangi
Vs. Secretary Dept.
of Forest & Ors.
OA NO. 64/2017
Samir Mehta
Vs.
Union of India & Ors.
Adv.Rajkumar
ESS
(I/C Shri N.K.Gupta)
Pollution caused by Hindustan
Coca Cola Beverages Pvt. Ltd.
Adv.Rajkumar
PCI-SSI
(I/C Shri Abhay Singh)
Related to illegal & unauthorized
mining.
CPCB reply already filed.
Listed on 07.2.2017
Adv. Rajkumar
CPCB IS NOT RESPONDENT.
CPCB has issued Notices to all the
SPCBs/PCCs and information of
amount received as Environmental
Compensation filed before the
NGT in compliance of order dated
9.1.2017 & 21.1.2017.
Report of the Expert Committee
filed by Ministry of Shipping.
Related to guidelines for
controlling Air Pollution caused by
Railway Locomotives.
Listed on 07.2.2017
18
19
24
25
26
OA NO. 356/2013
S.K.Goyal
Vs. Chairperson,
CPCB & Ors.
Extraction of water from the
Yamuna River in Haryana at
Hathnikund Barrage which leads to
grave ecological and public health
repercussions.
Related to functioning of Cement
Plants and Co-processing Units.
Adv. Alpana Poddar
UPCD
(I/C Ms. Mita Sharma)
FORTNIGHTLY REPORT ON LEGAL CASES
th
th
06 to17 February, 2017
Listed on 07.2.2017
Fresh direction issued to conduct the
Monitoring of Ambient Air Quality of
M/s Rathi Steel & Power
Limited(Gzb).Monitoring conducted
on 14.12.2016
Report already filed by CPCB.
Listed on 07.2.2017
CPCB reply already filed.
Listed on 07.2.2017
CPCB reply already filed.
CPCB report on co-processing units
already filed.
Listed on 07.2.2017
Joint Inspection report of UPPCB
& CPCB already filed.
Listed on 07.2.2017
Tribunal directed to MoEF to arrange
a meeting of representatives of
CPCB, Ministry of Railways, Amicus
Curaie. Meeting will be presided over
by the officer not below the rank of
Joint Secretary in the Ministry.
MoEF has to file the Minutes of
Meeting.
3
S
No
Case No. & Title
Advocate &
Division
Case summary
27
OA NO. 83/2017
(Earlier OA NO.
15/2015) Krishan
Kant Singh Hoon
Vs. Union of India &
Ors.
OA NO. 24/2014
Shiv Prasad
Vs. U.O.I. & Ors
Adv. Rajkumar
PCI-III
(I/C Shri Gurnam
Singh)
Related to M/s Nanglamal Sugar
Ltd. (Distillery)Meerut.
Adv. Alok Kumar
PCI-SSI
(I/C Shri Abhey Singh
)
Adv. Alok Kumar
NGRBA
(I/c Shri Anil Dave)
Related to carrying on the
business of iron/foundry industries
in Jasodharpur Industrial Area,
Uttarakhand.
Related to Ganga Matter.
Original Application is already
disposed off.
The Central Pollution Control
Board and a representative on
behalf of Dr. A.A. Kazmi, Prof. IIT,
Roorkee to collect another sample
from the premises by surprise
inspection at that time the CETP
should be operative to its optimum
capacity. The sample shall be
collected from inlet to outlet both
and if they find necessary more
than one sample should be
collected. Analysis report should
be placed before the Tribunal prior
to the next date of hearing.
Related to pollution from
construction sites & vehicular
emissions.
CPCB reply already filed.
Draft guidelines have been
prepared & sent to MoEF for
issuing.
Matter already disposed off vide
order dated 20.12.2016.
Matter taken up on mentioning.
28
29
MA NO. 141/2016 in
OA NO. 10/2015
Indian Council for
Enviro-legal Action
Vs.
NGRBA & Ors.
30
OA NO.21/2014
Vardhman Kaushik
Vs.
U.O.I. & Ors.
Adv.Alpana Poddar
PAMS
(I/C Shri
R.M.Bhardwaj)
31
OA NO. 584/2016 Lt.
Gen. Satwant Singh
Dahiya, AVSM, VSM
(Retd.)
Vs.
MoEF & CC & Anr.
Adv. Alpana Poddar
PAMS
(I/C Shri R.M.
Bhardwaj)
32
OA NO. 383/2016
Vishal Singh & Anr.
Vs.
Union of India & Ors.
OA NO.101/2014
Shobha Singh
Vs.
State of Punjab &
Ors.
Adv. Rajkumar
UPCD
(I/C Ms. Mita Sharma)
Related to Coal and Iron Ore
siding along the Railway Station in
Bilaspur, Chhatisgarh.
Adv.Alpana Poddar
PAMS
(I/c Shri
R.M.Bhardwaj)
Related to untreated sewage of
city Ludhiana discharging into
Budha Nala, Ludhiana, Punjab.
33
FORTNIGHTLY REPORT ON LEGAL CASES
th
th
06 to17 February, 2017
Action Due and Compliance
by CPCB
Listed on 07.2.2017
Inspection Report filed by CPCB.
Listed on 07.2.2017
Joint inspection report of CPCB,
UPPCB & UEPPCB already filed.
Listed on 07.2.2017
Listed on 07.2.2017
Listed on 07.2.2017
Fresh direction issued to CPCB,
DPCC & DGCA to collect the
samples from the house of the
Applicant on Saturday (24.12.2016)
analyse them and file the report
before the next date of
hearing.Report is filed.
Listed on 08.2.2017
CPCB reply already filed.
Listed on 08.2.2017
CPCB reply already filed.
Listed on 08.2.2017
4
S
No
Case No. & Title
Advocate &
Division
Case summary
Action Due and Compliance
by CPCB
Reply is filed.
Listed on 08.2.2017
34
OA NO. 668/2016
Abhinav Guleria Vs.
CPCB & Ors.
Fresh Matter
PCP
( Shri S.K.Nigam)
Related to permission to use of
Oxo-biodegradable plastic bags in
India.
35
OA NO. 407/2015
Shailesh Singh
Vs.
The Suryaa Hotel,
New Delhi & Ors.
OA NO.277/2013
(MA NO.214/2016 &
MA NO. 823/2016)
Dr.Irfan Ahmad &
Ors.
Vs.
Mr. Nawang Rigzin
Jora & ors.
OA NO.66/2017
Dr.Pentapati Pullarao
Vs.
Union Of India & Ors.
OA NO.100/2014
Dr. A. Krishan Rao
Vs.
U.O.I. & Ors.
Adv. Rajkumar
PCI-III
(Shri Gurnam Singh)
Related to extraction of ground
water by the Hotel Surya, New
Delhi.
CPCB reply already filed.
Adv. Rajkumar
Fresh matter
PAMS
CPCB IS NOT RESPONDENT.
Samples has to be collected from the
Lake Achana & report has to be filed
by CPCB & State Board jointly.
Listed on 10.2.2017.
Fresh matter
Copy of OA not received.
Listed on 10.2.2017.
Adv. Alok Kumar
PCI-I
(Shri Paritosh Kumar)
Related to Pharmaceutical
Formulation assorted chemical,
pesticides, paper Pulp, Paint &
Dye-product.
CPCB reply already filed.
Listed on 10.2.2017.
Joint Inspection of STPs by
committee consisting of MS,
CPCB, PPCB, HSPCB & HPPCB
and submit report within 6 weeks
before the tribunal. Joint
inspection conducted report will
be filed by PPCB.
Listed on 10.2.2017
Joint Inspection of STPs by
committee consisting of MS,
CPCB, PPCB, HSPCB & HPPCB
and submit report within 6 weeks
before the tribunal Joint inspection
conducted report will be filed by
PPCB.
.Listed on 10.2.2017
CPCB reply already filed.
Direction to conduct the Joint
Inspection by CPCB & HSPCB.
(ALREADY INFORMED TO THE
INCHARGE)
Listed on 10.2.2017
36
37
38
39
OA NO.138/2016
(TNHRC)
Stretch Grips
Mansa’s Sacred
Ghaggar River
Matter transferred
from National Human
Rights Commission
PAMS
(I/C Shri R.M.
Bhardwaj)
Copy of OA not received.
40
OANO.139/2016
(TNHRC)
Yogender Kumar
Transferred matter
from National Human
Rights Commission
PAMS
Copy of OA not received.
41
OA NO.586/2016
Residents Welfare
Association,
Jharsently
Vs.
State of Haryana &
Ors.
O.A.No.289/2016
Jagbir Singh
Vs. State of Haryana
Adv. Rajkumar
I/C PCI-SSI
(Shri Abhay Singh)
Related to acquisition of 9 natural
ponds and allotting them to Dyeing
& Electroplating units (located in
Ballabhgarh,Faridabad Haryana)
by the HUDA.
Adv. Shlok Chandra
PAMS
(I/C Shri
Related to discharging of industrial
untreated effluents in the drain,
Panipat Haryana.
42
FORTNIGHTLY REPORT ON LEGAL CASES
th
th
06 to17 February, 2017
Listed on 09.2.2017
CPCB reply already filed.
Listed on 13.2.2017
5
S
No
Case No. & Title
43
OA NO. 690/2016
Anil Varma Vs. Union
of India & Ors.
44
45
46
47
48
49
50
51
& Ors.
OA NO.
21(THC)/2013
Davinder Kumar Vs.
Union of India & Ors.
O.A. No. 123/2016
Rajendra Krishan
Sharma
Vs.
Union of India & Ors.
OA NO. 399/2016
Arham Technochem
Vs.
UEPPCB
Advocate &
Division
Case summary
Action Due and Compliance
by CPCB
Adv. Rajkumar
UPCD
Fresh matter
(I/C Smt. Mita
Sharma)
Adv. Rajkumar
PCP
(Shri M.K. Chaudhary)
Copy of OA received.
Listed on 13.2.2017
R.M.Bhardwaj)
Related to Environment Clearance
for Railway Station expansion etc.
Related to Municipal Solid Waste.
CPCB reply already filed.
Listed on 13.2.2017
Adv. Rajkumar
UPCD
(I/C Ms. Mita Sharma)
Widening of Roads Project from
NH-8 to Sector 55-56 in Gurgaon.
CPCB reply already filed.
Listed on 13.2.2017
Adv. Rajkumar
PCI-SSI
(I/C Shri Abhey Singh)
Related to illegal extraction of
groundwater by the industry
located in Uttrakhand.
CPCB is not the respondent.
Joint Inspection of the said industry
by UEPPCB and CPCB already
conducted.
Report already filed by UEPPCB.
Listed on 13.2.2017
Listed on 13.2.2017
Compliance report already filed by
GNCT of Delhi.
OA NO.
Adv. Alpana Poddar
Related to DJB drinking water
496/2016(Earlier OA
PAMS
pipelines in Delhi.
NO. 253/2015)
(I/C Shri
Compliance report already filed by
R.M.Bhardwaj)
GNCT of Delhi.
Tribunal on its own
motion
Vs.
Govt. Of NCT of Delhi
& Ors.
OA NO.
Fresh Matter.
Status report regarding compliance
06/2017(Earlier OA
of Order dated 11.05.2016 &
NO. 136/2015)
Judgment filed by Mr. Rahul
Madhumangal Shukla
Choudhary.
Vs.
Union of India & Ors.
OA NO.15/2014
Adv. Alpana Poddar
Related to plastic waste
Him Jagriti Uttranchal
PCP
management.
Welfare Society
(Dr.S.K.Nigam)
Vs.
U.O.I & Ors.
OA NO.215/2016
Adv.Pinky Anand With
CPCB has filed OA Related to
Central Pollution
Adv. Balendu
show cause notice for failure to
Control Board
Shekhar
comply with statutory and public
Vs.
law obligations and directions
NGRBA
issued by the central board.
(Shri Suneel Dave)
Chief Executive
Officer, 4
Municipalities U.P.
OA NO. 618/2016
Adv. Rajkumar
Related to Hot Mix Plants
Sanjay Kumar
PCI-SSI
operating in Noida and Greater
Vs.
(I/C Shri Abhey Singh)
Noida.
State of U.P. & Ors.
FORTNIGHTLY REPORT ON LEGAL CASES
th
th
06 to17 February, 2017
Listed on 13.2.2017
CPCB reply already filed.
Listed on 14.2.2017
Rejoinder of CPCB already filed.
Listed on 14.2.2017
Listed on 14.2.2017
Report already filed.
6
S
No
52
53
54
55
56
57
58
59
Case No. & Title
OA NO. 134/2015
Friends through its
General Secretary
Vs.
Ministry of Water
Resources & Ors.
O.A. No. 471/2016
People for Education
Research
Scholarship and
Outward Nutrition
Vs.
Union of India & Anr.
OA NO. 318/2016
Shailesh Singh
Vs.
State of U.P. & Ors.
OA NO.04/2013
Sonya Ghosh
Vs.
State of Haryana &
Ors.
OA NO. 276/2013
Ashwani Kumar
Dubey
Vs.
Union of India & Ors.
OA NO.20/2014
Jagat Narayan
Vishwakarma
Vs.
U.O.I. & Ors.
(Clubbed with OA
NO. 276/2013)
OA NO. 694/2016
Indian Sugar Mills
Associations & Anr.
Vs.
Union of India & Ors.
OA NO. 12/2017
Krishan Kant Singh
Hoon
Vs.
Advocate &
Division
Case summary
Action Due and Compliance
by CPCB
Adv.Alpana Poddar
PAMS
(I/C Shri
R.M.Bhardwaj)
Related to ground water pollution.
.
CPCB reply already filed.
CPCB report on Water Quality
supplying in Delhi is filed
Listed on 14.2.2017
Adv.Rajkumar
PCI-SSI
(I/C Shri Abhay Singh)
Related to ban on petroleum coke
(pet-coke).
CPCB reply already filed.
Adv. Saqib
PCI-III
(I/c Shri Gurnam
Singh)
Related to running of Slaughter
Houses illegally in the State of
U.P.
Direction issued to conduct Joint
Inspection by UPPCB & CPCB of
all the slaughter house. Samples
to be collected ground water
samples, trade effluents.
CPCB reply already filed.
Listed on 14.2.2017
Advance copy of Joint Inspection
Report served to all the respondents
and Applicant.
Report is already filed by CPCB.
Listed on 15.2.2017
CPCB reply already filed.
Listed on 15.2.2017
Adv.Rajkumar
PCI-SSI
(Shri Rajkumar)
Related to mining activities in all
the reserved forests, and protected
forests.
Adv. Rajkumar
PCI-II
(Dr.S.K.Paliwal)
Related to Thermal Power Plants
and industries in the area of
Singrauli, MP.
CPCB reply already filed.
Listed on 16.2.2017
Adv. Rajkumar
PCI-II
(Dr.S.K.Paliwal)
Related to Thermal Power Plants
and industries in the area of
Singrauli, MP.
CPCB reply already filed.
Listed on 16.2.2017
Fresh Matter..
Copy of OA received and
processed.
Listed on 16.2.2017
Fresh Matter..
Copy of OA received & processed.
Listed on 16.2.2017
FORTNIGHTLY REPORT ON LEGAL CASES
th
th
06 to17 February, 2017
7
S
No
Advocate &
Division
Case summary
Action Due and Compliance
by CPCB
Adv. Rajkumar
PCI-II
(Shri Ajay Aggarwal)
Related to trade effluents from
Hindalco industry, Hirakud Odisha.
CPCB reply already filed.
Listed on 17.2.2017
Adv. Rajkumar
UPCD
(I/C Ms. Mita Sharma)
Related to cheat devices installed
in the Diesel cars by the
manufacturers.
CPCB reply already filed.
Listed on 17.2.2017
OA NO. 527/2015
Satwinder Singh
Sodhi
Vs.
Volkswagan (I) Pvt.
Ltd. & Ors.
OA NO. 279/2016
Debadityo Sinha &
Anr.
Vs.
MoEF & Ors.
OA NO. 433/2015
Doctors For You
Vs.
MoEF & Ors.
OA NO. 58/2017
Mahendra Pandey
Vs.
Union of India & Ors.
Adv. Rajkumar
UPCD
(I/C Ms. Mita Sharma)
Related to cheat devices installed
in the Diesel cars by the
manufacturers.
CPCB reply already filed.
Listed on 17.2.2017
Adv. Shlok Chandra
PCI-II
Shri S.K. Paliwal
Related to Thermal Power Plants.
CPCB reply already filed.
Listed on 17.2.2017
Adv. Alpana Poddar
PAMS
(I/c Shri
R.M.Bhardwaj)
Fresh Matter.
Related to Tobacco born diseases.
CPCB reply already filed.
Listed on 17.2.2017
Related to E-waste disposal in
Ramganga River.
Copy of OA received.
Listed on 17.2.2017
66
OA no.146/14,
Nityanand Mishra &
Ors Vs State of M.P.
& Ors
67
OA no.117/14, Dr.
Subhash C. Pandey
Vs Union of India &
Ors
68
OA.No.27 of 2016
Ashok Kumar
Bhatnagar Vs
Hindustan Copper Ltd
& ors
69
OA no. 95 of 2016
Shaurya Pratap
SIngh Parihar Vs
Union of India
Adv Yadvendra
Yadav
PCI-II Dealing Officer:
Shri S.K. Arora/Shri
R.S .Kori, ZO, Bhopal
Adv Yadvendra
Yadav
PAMS I/c Shri R.M
.Bhardwaj
Dealing Officer:
Sanjeev Aggarwal
Adv Yadvendra
Yadav
PCI-II Dealing Officer
Shri Ajay Aggarwal/
Shri R.S. Kori, ZO,
Bhopal
Adv Yadvendra
Yadav
PAMS I/c
Shri R.M.Bhardwaj
60
61
62
63
64
65
Case No. & Title
Union of India & Ors.
OA NO.225/2014
Biswaranjan
Paramguru
Vs.
U.O.I. & Ors.
OA NO. 509/2015
Saloni Ailawadi
Vs.
U.O.I. & Ors.
NGT, Central Bench, Bhopal (12 cases)
FORTNIGHTLY REPORT ON LEGAL CASES
th
Regarding SAND MINING
Reply filed.
Listed on 06-02-2017
Regarding Sewage farming,
Reply filed.
Listed on 06-02-2017
Related to Mining of Copper
Reply filed.
Listed on 08-02-2017
crop residue burning
Reply filed.
Listed on 08-02-2017
th
06 to17 February, 2017
8
S
No
Case No. & Title
70
OA No.04/2015 (CZ)
Kishore Samrite Vs
Union of India. & 6
ors.
71
OA no.139/13, Akhil
Bhartiya Vidyarthi
Parisad & Ors. Vs
Union of India & Ors.
72
Appeal No. 10 of
2016 Jai Gopal Soni
Vs Union of India
73
OA No. 144/ 2015,
Nagrik Upbhokta
Margdarshak Manch
& Ors. Vs State of
MP & Ors.
74
OA No. 79 of 2015
Shri Kuldeep Meena
Vs State of Rajasthan
& ors.
75
OA No. 34 of 2015
Nityanand Mishra Vs
State of M.P.& Ors
76
OANo. 05/16
Balwant Singh
Raghuvanshi Vs
Bhopal Incinerator
Ltd. & Ors
77
OA No. 117 of 2016
(Human Rights
Redemption Social
Advocate &
Division
Dealing Officer: Shri
Sanjeev Aggarwal/
Shri R.S.Kori, ZO,
Bhopal
Shri Yadvendra
Yadav
PAMS I/c Shri R.M
.Bhardwaj Dealing
Officer: Shri S
Aggarwal /Shri
R.S.Kori, ZO, Bhopal
Adv Yadvendra
Yadav
PAMS I/c Shri
R.M.Bhardwaj/Dealing
Officer: Shri
A.K.Sinha/ Shri
R.S.Kori, ZO, Bhopal
Adv Yadvendra
Yadav
PCI-II Dealing Officer:
Shri S.K.Paliwal/ Shri
R.S.Kori, ZO
Adv Yadvendra
Yadav
HWMDI/c Shri B
Vinod Babu/ Dealing
Officer: Shri J.C
.Babu/ Shri R.S .Kori
Adv Yadvendra
Yadav
HWMD I/c Shri B
Vinod Babu/ Dealing
Officer: Shri J.C.Babu/
Shri R.S.Kori, ZO
Adv Yadvendra
Yadav
PAMS I/c Shri
R.M.Bhardwaj/Dealing
Officer: Shri
A.K.Sinha/ Shri
R.S.Kori, ZO, Bhopal
Shri Sandeep Singh
Baghel
PAMS I/c Shri
R.M.Bhardwaj/Dealing
Officer: Shri
A.K.Sinha/ Shri
R.S.Kori, ZO, Bhopal
Shri Yadvendra
Yadav
PCI-II
FORTNIGHTLY REPORT ON LEGAL CASES
th
Case summary
Action Due and Compliance
by CPCB
The case is related to Pond
Encroachment in Balaghat.
Reply filed.
Listed on 08-02-2017
River Narmada,
Reply filed.
Listed on 13-02-2017
Related to Enviornmental
Clearance on Tundra Thermal
Power Plant. Distt. Distt. Chama
Janzinar, (Chaisthgarh)
Reply filed.
Listed on 13-02-2017
CBWTF (Kripa Waste -biomedical waste facility.
Reply filed.
Listed on 15-02-2017
Related to BMW Rules
Reply filed.
Listed on 15-02-2017
River Paysuni & Saryu.
Reply filed.
Listed on 15-02-2017
RIver Mandakini Water Quality
Reply filed.
Listed on 15-02-2017
North Amelia Mining activity
started in 2014-2015, and the over
burden dumping into Kanchan
Reply filed.
Listed on 16-02-2017
th
06 to17 February, 2017
9
S
No
Case No. & Title
Welfare Association
of India Vs Union of
India & 11 Ors)
Dealing Officer: Shri
S.K. Arora/Shri R.S
.Kori, ZO, Bhopal
River
78
OA No. 396 of 2013
Shibu Manuel,
Secretary, Green
Action Force Vs GOI
& Ors. CPCB is
impleaded as 12th
Respondent.
OA No. 34 of 2015 S.
Pugazhendi & 2 Ors.
Vs TNPCB & 3 Ors.
3rd Respondent.
OA no. 137 of 2016
NGT Kochi LEAF Vs
Kerala State Pollution
NGT, Circuit Bench,
Kochi
Shri D Ekambaram
HWMD I/c Shri B
VInod Babu/ Shri S
Suresh, ZO, Chennai
Regarding contamination of
Kuzhikandom Creek & Periyar
River in Kerala.
Reply filed.
Listed on 06-02-2017
Shri D Ekambaram
ESS Division. I/c Shri
N.K.Gupta
Regarding Pollution caused by
industries in SPICOT area,
Reply filed.
Listed on 06-02-2017
Shri N N Sugnapalan
PAMS I/c Shri R.M
.Bhardwaj Dealing
Officer: Shri S
Aggarwal/ Shri S
Suresh, ZO, Chennai
Shri N N Sugnapalan
PCI-III I/c Shri
Gurnam Singh
Dealing Officer: Shri
A.K.Vidyarthi/ Shri S.
Suresh, ZO
Air Pollution Control matter
Reply filed.
Listed on 06-02-2017
Regarding river pollution caused
due to the effluent discharge from
Sree Shakthi Paper Mills.
Reply filed.
Listed on 06-02-2017
Shri N N Sugnapalan
PCP I/c Shir J.S.
Kamyotra Dealing
Officer: Shri Mantu
Kumar
Choudhary/Shri S
Suresh, ZO
Shri D Ekambaram
PAMS
I/c Shri R.M. Bhardwaj
Dealing officer: Shri
S.K. Sinha/Shri S.
Suresh, ZO
Regarding Environmental
Clearance and pollution due to
illegal dumping of municipal solid
waste.
Reply filed.
Listed on 08-02-2017
Regarding effluent discharge to
Marine source by M/s MPL-I & II.
Reply filed.
Listed on 10-02-2017
Shri D Ekambaram
PCI-II Dealing Officer:
Shri Prashant
Gargava/ Shri S
Suresh, ZO
Shri D Ekambaram
HWMD I/c Shri B
Vinod Babu PAMS I/c
Shri R.M.Bhardwaj
Dealing Officer: Shri
Regarding pollution caused due to
sponge iron industries, Bellary.
Reply filed.
Listed on 14-02-2017
Regarding Pollution caused by M/s
KMML, Kerala. NGT directed
CPCB to carry out TCLP test for
sludge generated in KMML to
confirm whether it falls under
Reply filed.
Listed on 15-02-2017
79
80
81
82
83
84
85
OA no. 409 of 2016 in
NGT circuit Bench,
Kochi. In the matter
of K.K.Mohammed
Iqbal Vs KSPC & ors.
CPCB is Respondent
No. 3
OA no. 136 of 2016
dealt at NGT circuit
bench Kochi
OA No. 19 of 2013
M/s Meenavargal
Membattu Sangam
V/s Chief Secretary,
Govt. of Tamil Nadu.
CPCB is not a
respondent
OA. No 77 of 2016
Smt. Padma Kodali
Vs Karnataka State
Pollution Control
Board & Ors.
OA no. 290 of 2013
Transferred from
Kerala High Court of
NGT M/s Polluted
Area Welfare Society
Advocate &
Division
Case summary
NGT Southern Bench, Chennai (9 Cases)
FORTNIGHTLY REPORT ON LEGAL CASES
th
th
06 to17 February, 2017
Action Due and Compliance
by CPCB
10
S
No
Case No. & Title
Advocate &
Division
Case summary
Action Due and Compliance
by CPCB
Vs The KMML & 20
S.K.Sinha/ Shri S.
Ors. (4th respondent)
Suresh, ZO
tagged with O.A.no.
453 of 2013
Kamalakshy Amma G
Vs The KMML (4th
respondent) tagged
with O.A.142 of 2013
Joy Kaitharath Vs
State of Kerala & Ors
Appeal No. 45 to 63,
Shri D Ekambaram
65, 68 to 70/2015 and PCI-I I/c Shri Paritosh
1 to 33 of 2016
Kumar/ Shri S Suresh,
Respondent No. 1
ZO
hazardous waste category or not.
Analysis report/ affidavit filed by
CPCB and waiting from futher
orders (Common for all three
cases)
Pharma Industries appealed
against direction under Sec 5
regarding installation of online
continuous monitoring system.
Reply filed.
Listed on 16-02-2017
87
O.A. No. 110 of 2013
Subhash Dutta vs.
State of Odisha
Adv Surender Kumar
PCP Division
I/C –
Sh. J.S. Kamyotra
Dealing OfficerSh. M.K.Choudhury
ZO OfficerSh. R.C.Saxena
Counter Affidavit filed.
Listed on 06.02.2017
88
O.A. No. 139 of
2016,(EZ),
Arunawa Basak vs
The Principal
Secretary ,West
Bengal & Ors.
Adv Rajib Kumar
Chudhury
UPCD Division
I/C –
Smt.Mita sharma
Dealing OfficerSmt.P.K.Selvi
ZO OfficerSh. R.C. Saxena
Matter is related to Municipal Solid
Waste & Discharge of Sewage.In
this matter CPCB was not party
respondent, however,during the
course of hearing the Tribunal
directed CPCB to submit a
Inspection report. The Zonal Office
of CPCB inspected the sites &
submitted the report.
This is the application for
automobile showroom /service
centre in residential area.
86
89
Application
no.65/2015 Nagri
Hakka Sangharsh
Samiti Vs MiraBhayander Municipal
Council & Ors.
90
O.A. No. 3/2017 in
M.A. 17/2017
(Maharashtra
Pollution Control
Board Vs Uoi & Ors)
91
E.A No. 2 & 3 of 2017
in O.A. 2/ 2014 & 39/
2013 (Dileep Nivetiya
NGT Eastern Bench, Kolkata (02case)
NGT Western Bench, Pune (11 Cases)
Adv Rahul Andhale
PCP Division
I/C –
Sh. J.S. Kamyotra
Dealing OfficerSh. M.K.Choudhury
ZO OfficerSh. B.R.Naidu
Adv Rahul Andhale
PCI-SSI Division
I/C –
Sh. A. Singh Soni
ZO OfficerSh. B.R.Naidu
Adv. A.Kulkarni
UPCD Division
I/C –
FORTNIGHTLY REPORT ON LEGAL CASES
th
Counter Affidavit filed.
Listed on 07.02.2017
Solid waste management and
pollution caused due to dumping of
MSW in Uttan Dist. Thane
Counter Affidavit filed.
Listed on 07.02.2017
This is a new matter which is
related to concert to operate of
New Industrial Unit.
This matter is inadmission stage.
Listed on 07.02.2017
This is a Execution Matter. There
is a so cause notice to M.S. CPCB
for appearing directly or through
Counter Affidavit filed.
Listed on 07.02.2017
th
06 to17 February, 2017
11
S
No
Case No. & Title
92
O.A.No.68/2014,
Sh. Ashok Kajale &
Ors vs M/s Godawari
Bio Refineries & Ors
93
O.A No. 323 of 2016
Sheikh Rashid
Charitable
Foundation Malaya
Gaon & Ors. Vs
Union Of India & Ors.
94
MoRT&H and CPCB)
Advocate &
Division
Case summary
Smt. Mita sharma
Dealing OfficerSmt.P.K.Selvi
ZO OfficerSh. B.R.Naidu
Adv Manda Gaikwad
HWMD Divsion
I/CSh. B.Vinod Babu,
Dealing OfficerSh. Vivek K.
ZO OfficerSh. B.R.Naidu
authorised advocate.
Action Due and Compliance
by CPCB
Pollution in Godawari river due to
M/s Godawari Biorefineries.
Counter Affidavit filed.
Listed on 08.02.2017
Adv Rahul Andhale
PCP Division
I/C –
Sh. J.S. Kamyotra
Dealing OfficerSh. M.K.Choudhury
ZO OfficerSh. B.R.Naidu
This case related to Solid Waste
Management Mechanism in Taluka
Malegaon, Distt. Nasik.
Counter Affidavit filed.
Listed on 09.02.2017
Appeal No. 142(THC)
of 2016, Sheikh
Rashid Charitable
Foundation,Malegaon
vs Union of India &
Ors.
Adv Rahul Andhale
PCP Division
I/C –
Sh. J.S. Kamyotra
Dealing OfficerSh. M.K.Choudhury
ZO OfficerSh. B.R.Naidu
This matter is related to Municipal
Solid Waste problem in Malegaon.
Counter Affidavit filed.
Listed on 09.02.2017
95
Application no. 179 of
2015
U.V Bhondwe Vs
State of Maharashtra
& ors.
In this case pollution caused by
stone crushers located in village
,bhavadi ,waghali taluka
Haveli,distt. Pune is involved.
Counter Affidavit filed.
Listed on 09.02.2017
96
Application No.
81/2014 Kantha
Vibhag Yuva Koli
Samaj Parivartan
Trust & Ors. Vs State
of Gujarat & Ors.
Adv Rahul Andhale
PCI(SSI)
I/CSh. Abhey S. Soni
Dealing Officer Shri
Nazimuddin
Shri B.R. Naidu, ZO,
Pune
Adv Manda Gaikwad
PCP Division
I/C –
Sh. J.S. Kamyotra
Dealing OfficerSh. M.K.Choudhury
ZO OfficerSh. B.R.Naidu
Illegal dumping of municipal solid
waste in an open area and the
consequential on going
environmental degradation & its
detrimental effects on the residents
of villages around the landfill site.
Counter Affidavit filed.
Listed on 17.02.2017
97
O.A.No.89/2014
Sh. Tarun Patel,
GIDC Vapi Vs
The matter is related to Noncompliance of the prescribed
effluent discharge CETP managed
Counter Affidavit filed.
Listed on 17.02.2017
Adv Manda Gaikwad
PCI(SSI) Division
I/C –
FORTNIGHTLY REPORT ON LEGAL CASES
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th
06 to17 February, 2017
12
S
No
Case No. & Title
Gujarat Pollution
Control Board & Ors.
Sh. Abhey S. Soni
Dealing OfficerSh. Nazimuddin
ZO OfficerSh. B.R.Naidu
by M/s Vapi Waste & Effluent Mgt.
Co. Ltd.,
98
O.A. No. 109/2014
Tarun Patel Vs The
Collector, Valsad &
Ors.
Adv Manda Gaikwad
PCI(SSI) Division
I/C –
Sh. Abhey S. Soni
Dealing OfficerSh. Nazimuddin
ZO OfficerSh. B.R.Naidu
The matter is regarding the Vapi
effluent disposal into River
Damanganga.
Counter Affidavit filed.
Listed on 17.02.2017
99
O.A. No. 57 of 2016
Kirti Ratti Lal Desai &
Ors.vs Collector
Walsad & Ors.
Adv Rahul Andhale
PAMS Division
I/C –
Sh.R.M.Bhardwaj
Dealing OfficerSh. A.K.Sinha
ZO OfficerSh. B.R.Naidu
This is an application in which
Industrial pollution & Ground Water
Extraction/Depletion in the Valsad
Distt. is pointed out.
Counter Affidavit filed.
Listed on 17.01.2017
100
W.P. No. 47384 of
2014 (M/B) OF 2014
(PIL), Shabi Haider
Jafri Vs State of UP &
Ors
Adv Shambhu Chopra
HWMD Division
I/CSh. B.Vinod Babu,
Dealing OfficerSh. Vivek K.
ZO OfficerP.K. Mishra.
Matter is related to Management of
Bio-medical Waste in Agra.
101
Writ Petition 11255 of
2014, Bhupesh
Ramdas Acre & Ors
Vs State of
Maharashtra & Ors.
Adv C.M. Lokeshappa
UPCD Division
I/C –
Smt. Mita Sharma
,Sci-E
Dealing OfficerSmt. P.K.Selvi
ZO OfficerSh. B.R.Naidu
This is a PIL filed for stopping the
construction of Illegal funeral
ground in Mumbai.
Adv. Alok Kumar
HWMD
(I/C Shri B.Vinod
Babu)
Related to E-waste management
of Compact Fluorescent Lamps
(CFLs) containing mercury.
102
WP(C) 5461/2016
Electric Lamp &
Component
Manufacturers
Association of India &
Ors.
Vs.
U.O.I. & Ors.
Advocate &
Division
Case summary
High Court Allahabad (01 Case)
Bombay High Court (01 Case)
Delhi High Court (4 Cases)
FORTNIGHTLY REPORT ON LEGAL CASES
th
th
06 to17 February, 2017
Action Due and Compliance
by CPCB
Counter Affidavit filed.
Listed on 06.02.2017
Counter Affidavit filed.
Listed on 15.02.2017
CPCB to evaluate the application of
the CFL manufacturer’s under E
Waste Management Rules, 2016.
Briefing of evaluation has been sent
to CPCB Counsel
Listed on 06.2.2017
13
S
No
Case No. & Title
Advocate &
Division
Case summary
Action Due and Compliance
by CPCB
CPCB reply already filed.
Listed on 07.2.2017
103
WP(C)
4474/2015
Suresh Khandelwal
Vs State G.N.C.T of
Delhi and Ors
Adv. Alok Kumar
PCI-SSI
(I/C Shri Abhey Singh
Soni)
Related to commercial activity of
auto repair shop, engineering
works and welding work.
104
WP(C) 1346/2015
&
2115/2015
Court on its own
motion (air pollution
in Delhi)
Vs. Union of India &
Ors
WP(C) 2115/2015
Sudhir Mishra
Vs
Ministry of Health &
Family Welfare &ors
(regarding Air
Pollution)
Adv. Alok Kumar
Advocate
PAMS
(Dr. D.Saha)
(Dr. Sanjeev
Aggarwal)
Related to Air Pollution in Delhi
NCR Region.
Data with affidavit filed before the
Hon’ble court
Listed on 16.2.2017
Adv. Alok Kumar
PAMS
(Dr. D.Saha)
(Dr. Sanjeev
Aggarwal)
Related to Air Pollution in Delhi
NCR Region.
Data with affidavit filed before the
Hon’ble court
Listed on 16.2.2017
105
FORTNIGHTLY REPORT ON LEGAL CASES
th
th
06 to17 February, 2017
14