1. Pollution of river Yamuna — Mandate of Monitoring Committee constituted by National Green Tribunal. (Para 1 , 2 , 3 )
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2019 Supreme(SC) 1955
SUPREME COURT OF INDIA
A.K. Sikri, S. Abdul Nazeer, JJ.
Rajeev Suri - Appellant
Versus
Delhi Development Authority & Ors. - Respondents
Civil Appeal No. 10917 of 2018
Decided On : 18-02-2019
Important Points
The mandate of the Monitoring Committee included addressing the pollution issues highlighted by the appellant in their O.A.
Subject
Environmental Law - Pollution Control
Headnote
NGT - River Yamuna - The National Green Tribunal passed an order constituting a Monitoring Committee to look into various aspects related to pollution in the river Yamuna and its connecting drains. The mandate of the Committee includes addressing the issues highlighted by the appellant in their Original Application (O.A.).
Fact of the Case:
The appellant's case was tagged with other cases related to the issue of river Yamuna. The NGT passed an order constituting a Monitoring Committee to address pollution in the river Yamuna and its connecting drains.
Finding of the Court:
The court found that the mandate given to the Monitoring Committee included addressing the issues highlighted by the appellant in their O.A.
Issues: The issue pertained to the mandate of the Monitoring Committee and its scope in addressing pollution in the river Yamuna and its connecting drains.
Ratio Decidendi: The court interpreted the NGT's order and concluded that the Monitoring Committee's mandate included addressing the problems highlighted by the appellant in their O.A.
Final Decision: The appeal was disposed of with the understanding that the Monitoring Committee would address the highlighted issues.
Legal Category Hierarchy
Advocates Appeared:
Shikhil Suri, Adv., Shiv Kumar Suri, Adv., Vishnu B Saharya, Adv., Viresh B Saharya, Adv., Saharya & Co, Adv., D.N. Goburdhan, Adv., Gauri Goburdhan, Adv., Pallavi Chopra, Adv., Asha Gopalan Nair, Adv., Nivedita Nair, Adv., Aishwarya Gopakumar, Adv., A.N.S. Nadkarni, Adv., Suhasini Sen, Adv., Merusagar Samantray, Adv., Leelesh Krishna, Adv., Raj Bahadur, Adv., Ashwani Kumar, Adv., Iti Sharma, Adv., Kumud Lata Das, Adv., Jay Kumar, Adv., Puja Kalra, Adv., Ravinder Nain, Adv.
Shikhil Suri, Adv., Shiv Kumar Suri, Adv., Vishnu B Saharya, Adv., Viresh B Saharya, Adv., Saharya & Co, Adv., D.N. Goburdhan, Adv., Gauri Goburdhan, Adv., Pallavi Chopra, Adv., Asha Gopalan Nair, Adv., Nivedita Nair, Adv., Aishwarya Gopakumar, Adv., A.N.S. Nadkarni, Adv., Suhasini Sen, Adv., Merusagar Samantray, Adv., Leelesh Krishna, Adv., Raj Bahadur, Adv., Ashwani Kumar, Adv., Iti Sharma, Adv., Kumud Lata Das, Adv., Jay Kumar, Adv., Puja Kalra, Adv., Ravinder Nain, Adv.
Table of Contents
2. Whether the specific grievances raised in the original application fall within the mandate of the Monitoring Committee. (Para 4 )
3. The mandate to monitor pollution in the river and joining drains encompasses the specific problems highlighted by the appellant. (Para 3 , 4 )
4. A monitoring committee's mandate to oversee general pollution control in a river system includes specific grievances related to that pollution. (Para 4 )
5. Appeal disposed of with directions to the Monitoring Committee to examine the aspects highlighted by the appellant. (Para 4 )
6. Does a general mandate to monitor river pollution include specific grievances raised by an applicant?
Yes, where the basic mandate involves monitoring directions regarding pollution into a river and its joining drains, it includes specific problems highlighted by an applicant that fall within those aspects. (Para 3 , 4 )
ORDER
1. After hearing the arguments of learned counsel for the parties, we find that the case of the appellant was tagged with some other cases which pertained to the issue pertaining to river Yamuna.
2. The National Green Tribunal ("NGT") passed Order dated 26.07.2018 constituting two members Monitoring Committee with certain mandate contained in Para 7 of the said Order.
3. A perusal of Para 7 shows that the Monitoring Committee is asked to look into various aspects. In Para 10 of the said Order it is also made clear by the NGT that basic mandate of the Committee will be monitoring of directions of the NGT with regard to pollution into the river Yamuna and the drains which join the said river.
4. We have seen the prayers which were made by the appellant in his O.A. before the NGT. We are of the opinion that the mandate given to the Monitoring Committee would include the problem which is highlighted by the appellant in his O.A. as well. In any case, it is made clear that the Monitoring Committee shall look into those aspects. The appeal stands disposed of in the aforesaid terms.
