Raman Sharma & Ors Vs State of Haryana & Ors

National Green Tribunal Principal Bench, New Delhi 4 Jul 2023 Original Application No. 395 Of 2023 (I.A. No. 605 Of 2023) (2023) 07 NGT CK 0004
Bench: Full Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Original Application No. 395 Of 2023 (I.A. No. 605 Of 2023)

Hon'ble Bench

Adarsh Kumar Goel, CP; Sudhir Agarwal, JM; Dr. A. Senthil Vel, EM

Final Decision

Disposed Of

Acts Referred
  • National Green Tribuna (Practice and Procedure) Rules, 2011 - Rule 14

Judgement Text

Translate:

1. Prayers in this application are as follows:-

“1. It is prayed that only one master boosting pump/motor be used for the supply of drinking water.

2. It is prayed that treated water be used for horticulture and construction purposes.

3. It is prayed that the only segregated waste be collected from each house/flat instead of mix waste.

4. It is prayed that the disposal of solid waste may be disposed of in township only.

5. It is prayed that one sign board be placed at each construction site showing the mechanism of the disposal of C&D waste, water source for construction and permission for using generator and boosting machines.

6. It is prayed that plastic bags may not be allowed in the township.

7. It is prayed that the site be designated for collection of waste site, composting site, pumping site, site for DG sets/ Motors, site for sewage treatment plant, Boosting station, Electric sub-stations, public restrooms, street vendors, water harvesting pits, store rooms, support rooms, master security room, public meeting place, Solar energy plant.

8. It is prayed that the provisions of the applicable Rules, Notifications, Acts may be implemented and followed.

9. It is prayed that placement of Water Harvesting Systems, Water Bodies, Sewage Treatment Plants and use of treated water, Composting Plants, Solar energy, Piped Gas may be adopted by all residential colonies.

10. It is prayed that 25% Green Area mandatorily remain untouched.

11. It is prayed that offence may be tried in fast track courts.”

2. Case set out in the application is that various companies and RWAs are causing environment loss by their activities. They are dumping waste and other debris in green areas in connivance with the Government officials and in violation of statutory rules dealing with waste management. They are also extracting ground water illegally. Respondents impleaded in the application are the following:-

“1. The State of Haryana Rep by its Chief Secretary, Government of Haryana Email: cs@hry.nic.in

2. The Member Secretary, Haryana State Pollution Control Board. Email: hspcbho@gmail.com

3. The Regional Officer, Gurugram North, Haryana State Pollution Control Board. Email: hspcbrogrn@gmail.com

4. The Member Secretary, Central Pollution Control Board. Email: mscb.cpcb@nic.in

5. The Commissioner, Municipal Corporation, Gurugram. Email: cmc@mcg.gov.in

6. The Director, Town & Country Planning Haryana. Email: cpharyana7@gmail.com

7. The Director, Urban Local Bodies, Haryana. Email: dulbhry@hry.nic.in

8. The Secretary, Government of India, Ministry of Environment, Forests & Climate Change. Email: secy-moef@nic.in

9. The Additional Chief Secretary, Government of Haryana, Ministry of Environment, Chandigarh. Email: psenv2016@gmail.com

10. The Chief Administrator, Haryana Shehri Vikas Pradikaran, Panchkula. Email: cahsvp01@gmail.com

11. The Administrator, Haryana Shehri Vikas Pradikaran, Gurugram. Email: admggnhuda@gmail.com

12. The Deputy Commissioner, Gurugram. Email: dcgrg@gov.in

13. The Director General of Industries & Commerce - cum – Registrar General of Societies Haryana, Chandigarh. Email: JROSHRY@gmail.com

14. The District Registrar Firms & Societies, Gurugram. Email: jddicgurgaon@gmail.com

15. The Chairman, National Highway Authority of India, G 5 & 6, Sector 10, Dwarka, New Delhi – 110075. Email: chairman@nhai.org

16. The Chief Executive Officer, Gurugram Metropolitan Development Authority Email: ceo.gmda@gov.in

17. The Addl. Chief Executive Officer, Urban Environment Division, Gurugram Metropolitan Development Authority Email: ceo.gmda@gov.in

18. The Nodal Officer Environment, Municipal Corporation Gurugram. Email: cmc@mcg.gov.in

19. The City Project Officer, Municipal Corporation Gurugram. Email: cmc@mcg.gov.in

20. The District Town Planner (E), Sector-14, Gurugram. Email: dtpenf2.gurugram.tcp@gmail.com

21. The Tehsildar and Sub Registrar, Revenue Department responsible for ERRENEOUS REGISTRATION OF SALE DEEDS of Plots under variation of size by adding Green area and open space. Email: tehsildar.gurgaon@hry.nic.in

22. The Malibu Federation a Residents Welfare Association which is submitting misleading reports on area of PARKS & green before the Hon’ble National Green Tribunal. The area of PARKS only was claimed 86250 SQM (21.32 Acres) by three RWAs for maintenance in Malibu Town before MCG - Annexure 56 to 58-B, excluding Parks falling under the limits of Commercial Components and Community Buildings and Group Housing and excluding Green Belts by raising bills before Municipal Corporation Gurugram. Whereas Mr. Niranjan Yadav, Malibu Federation A Residents Welfare Association has claimed total Green Area 5% on Affidavit before Hon’ble National Green Tribunal in OA-68-2022 Raman Sharma Vs State of Haryana. The Licensee Company Malibu Estate Pvt Ltd has submitted before MOEFCC and SEIAA in writing that 31.8 % Green Area planned in Malibu Town. Email: Malibufederation@gmail.com

23. That Office Bearers and following Residents Welfare Associations are responsible for Violation of The Plastic Waste Management Rules, 2016 the Solid Waste Management Rules, 2016 and the Construction and Demolition Waste Management Rules, 2016 and illegal dumping of GREEN WASTE with polythene waste as they have appointed security agency in Integrated Residential Plotted Colony Malibu Towne are as under-;

A. Malibu Towne Residents Welfare Association through Office Bearers. Email: mtrwa2019@gmail.com

B. Malibu Condominium Residents Welfare Association through Office Bearers Email: president@mcrwa.com

C. Malibu Towne Plots Residents Welfare Association through Office Bearers. Email: mtprwa2019@gmail.com

D. Malibu Federation A Welfare Association through Office Bearers. Email: Malibufederation@gmail.com

E. Malibu Towne Star Wood Residents Welfare Association through Office Bearers. Email: starwoodrwa@gmail.com

F. Malibu Towne Green Wood Residential Welfare Association through Office Bearers. Email:

G. Malibu Twin Tower Residential Welfare Association through Office Bearers. Email: twintowermalibu@gmail.com

H. Maintenance Issue Resolution Forum through Office Bearers.

24.That Directors and following companies are responsible for Violation of The Plastic Waste Management Rules, 2016, the Solid Waste Management Rules, 2016 and the Construction and Demolition Waste in Integrated Residential Plotted Colony Malibu Towne are as under-;

A. M/s Malibu Estate Pvt Ltd through Directors. Email: malibutowne@hotmail.com

B. M/s MEPL Maintenance Pvt Ltd through Directors. Email: gmestates.malibutowne@hotmail.com

C. M/s ECOGREEN GURUGRAM-FARIDABAD PVT LTD. (Point 21) Email:

D. Various other Companies holding Commercial Land and Institutional Land under the category of Community Buildings in Malibu Town.

E. M/s Spick & Span Pvt. Ltd through Directors as Plot No. 3, Opposite – C Block (Gupta Colony), New Baghera Railway Crossing, Gurugram. Email: RAJ.CHUGH67@GMAIL.COM

F. M/s Leo Mediacom through Directors, 80/2, Jeevan Nagar, Balasahib Gurudwara Road, New Delhi-110014 Email:

G. M/s EGMAC Pvt Ltd through Directors plot number 485, First Floor, Sector-6, Panchkula. Email:

H. M/s Pragati Al Natural Resources Pvt Ltd through Directors abhishekbarua7288@gmail.com, 101, Janpratinidhi Apartments, Sector-28, Gurugram (Point 3 to 5,) Email: abhishekbarua7288@gmail.com

I. M/s IL&FS Environmental Infrastructure & Services Ltd through Directors ieisl.contact@ilfsindia.com 2nd & 3rd Floor, M.M.Tower, Plot no. 8 & 9 Udyog Vihar, Phase - IV Gurgaon - 122001 Haryana. (Point 1) Email: ieisl.contact@ilfsindia.com

J. M/s RV Environmental Infrastructure Pvt Ltd through Directors trr.aiyyer@rvei.in  T-135  F/F  RIGHT  SIDE  KH  NO.  1109-1111, WARD NO.6, MEHRAULI, AAM WALA BAGH NEW DELHI New Delhi – 110030. (Point 1) Email: trr.aiyyer@rvei.in

K. M/s AIYYER Environmental Resources Management Pvt Ltd through Directors TRR.AIYYER@AERM.IN T-135, F/F RIGHT SIDE, KH NO-1109-1111, WARD NO 6, MEHRAULI, AAM WALA BAGH, NEW DELHI South West Delhi – 110030 (Point 1) Email: TRR.AIYYER@AERM.IN

L. M/s V. N Engineering (Point 6,) Email: info@vneng.in

M. M/s K Contractors (Point 6,) Email:

25. The Union of India Rep by its Secretary, Ministry of Environment and Forests, Delhi Email: secy-moef@nic.in

3. We have gone through the application. None appears for the applicant.

4. We find that the applicant has mixed up number of issues and impleaded large number of parties. Allegations are general without any supporting material. The applicant has further stated that:-

“5. That offence was fearlessly performed in DAY LIGHT by various Licensee Companies and RWAS, which are written under various Acts, Rules, and Notifications. The Annexure 6 to 6-C are eye opening documents where misleading reports, corruption charges while deployment of Road Sweeping Machine. The conduct and act are THREAT on Environment and Human Life. The hearing is necessary on non-action on detailed complaint on above mentioned violations submitted multiple times before the officials and offices mentioned in Respondents list;”

5. Rule 14 of the NGT (Practice and Procedure) Rules, 2011 provides that the application has to be based on a single cause of action and only seek one relief unless more reliefs are consequential to one another. We find it difficult to take up so many issues raised in the application without specific details.

The application is accordingly disposed of without prejudice to any other remedy of the applicant in accordance with law.

I.A. No. 605/2023 will also stand disposed of.

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