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2021 Supreme(Online)(NGT) 498
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Justice Adarsh Kumar Goel, CJ, Justice Sudhir Agarwal, J, Justice Brijesh Sethi, J, Dr. Nagin Nanda, Expert Member
Giriraj Parikrama Sanrakshan Sansthan & Ors. – Appellant
Versus
Department of Environment & Forests & Ors. – Respondent
M. A. No. 47/2021 | Original Application No. 229/2013
For the Appellants/Petitioners: Ms. Pinki Anand, Mr. Amit Tiwari
For the Respondents:
NGT has limited jurisdiction to entertain applications on matters already concluded; appropriate forums must handle statutory permissions.
Headnote:(A) Forest (Conservation) Act, 1980 - The application regarding development works in Goverdhan Parikrama by UP Rajkiya Nirman Nigam Ltd. is dismissed as not maintainable due to prior orders and lack of jurisdiction. (Paras 1, 6, 7, 8)
(B) Jurisdiction of NGT - The Tribunal stated that issues related to statutory permissions must be addressed by relevant authorities, not through repeated applications to the Tribunal. (Paras 8)
Facts of the case:
The original application addressed environmental violations near Giriraj Parvat due to increased pilgrimage and inadequate regulatory measures by authorities. (Paras 2, 5)
Findings of Court:
The Tribunal acknowledged ongoing environmental management but reiterated that the applicant's repeated appeals do not meet the maintainability criteria based on procedural grounds. (Para 8)
Issues: The main issue centered around the maintainability of the applicant’s appeal for development permission in previously decided matters. (Para 8)
Ratio Decidendi: The Tribunal emphasized that statutory permissions related to development works must be directed through statutory authorities per the law, thus dismissing the application for lacking grounds of maintainability. (Para 8)
Result: Application dismissed.
| Table of Content |
|---|
| 1. initial application regarding permitting development in govardhan. (Para 1 , 2) |
| 2. discussion on environmental concerns and compliance monitoring. (Para 3 , 4 , 5) |
| 3. final ruling on maintainability and jurisdiction of applications. (Para 6 , 7 , 8) |
ORDER
1. This application has been filed by the UP Rajkiya Nirman Nigam Ltd. in a decided matter being O.A. No. 229/2013, seeking NGT permission to undertake development works in Goverdhan Parikrama. At the outset, it may be mentioned that the application is not maintainable.
However, background and reasons may be indicated.
2. The original application sought remedial action against violation of environmental norms in Govardhan and surrounding areas, particularly Giriraj Parvat (Hill) near Mathura-Vrindavan. It was stated that on account of spiritual and cultural significance of the area, 8-10 million pilgrims from different parts of the World visit the Parikrama (path for walking around a sacred place) of Goverdhan every month. They also visit temple of Giriraj Ji, Radha Kund and other holy places in the vicinity. On account of negligence of the authorities, there were challenges to the environment like illegal felling of trees, encroachments, unscientific dumping of solid waste and discharge of untreated sewage. The area is 26 Km. West of Mathura, near the State Highway towards Deeg in Rajasthan. The Parikrama Marg (path) is about 21 Km. in the foothill where the Lord Krishna is believed to have saved people of Braj from the wrath of Lord Indra. There are various beliefs associated with different locations in the entire area. There is associated cultural and religious history. There are historical water bodies also, having religious and cultural significance. Large number of pilgrims visit on account of their religious sentiments. One of the concerns of the applicants is that forest cover in the town of Goverdhan should not be destroyed and reserved forest land may not be diverted for any other purpose. This concern has shown on account of proposal for non-forest use of 3.9 hectares reserved forest land in Govardhan, for widening of the road.
3. The Tribunal constituted a team comprising representatives of CPCB, State PCB, PWD, UP to visit the area and study the environmental issues. The said team visited the area on 20.03.2015 and made the recommendations. The recommendations were considered vide order dated 04.08.2015 and were accepted. The District Magistrate, Mathura was required to take further steps and furnish status reports to this Tribunal, quarterly. The application was disposed of except for considering the said quarterly report.
4. Thereafter, on consideration of quarterly reports, further directions were issued from time to time for solid and liquid waste management including septage management, removing encroachments etc. The matter was taken up on 4.3.2020 and then on 18.03.2020 when it was observed that the District Administration should complete the work of acquisition of land for service road and also take further steps for compliance of directions of the Tribunal in terms of order dated 04.08.2015. Thereafter, on 31.01.2021, the Tribunal reconstituted the joint Committee as follows:-
1. Principal Secretary, Tourism (Nodal authority)
2. Principal Secretary, Urban Development
3. Engineer-in-Chief, PWD
4. PCCF (HoFF), UP
5. Member Secretary, State PCB 6. District Magistrate, Mathura
7. CEO, Mathura Vrindavan Development Authority
5. The Tribunal directed the reconstituted joint Committee to take stock of the compliance of earlier directions. Oversight Committee constituted by this Tribunal for compliance of directions of this Tribunal in relation to the environmental norms in UP, headed by Justice S.V.S. Rathore former Judge of the Allahabad High Court at Lucknow, was also requested to give an independent report in the matter. Accordingly, report was filed with following recommendations:
V: RECOMMENDATIONS
1. The progress regarding certain essential environmenta
