BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH AT BHOPAL (MADHYA PRADESH)

(Through Video Conferencing)

ORIGINAL APPLICATION NO. 94/2022(CZ)

IN THE MATTER OF:

M/S. SAMBHAR SALT LTD. Through Sr. Manager (Legal)

G-229, Sitapur Industrial Area, Jaipur-302022 ...Applicant(s)

Versus

1. UNION OF INDIA Through Secretary, Ministry of Environment, Forest & Climate Change Indira Paryavaran Bhawan, Jorbagh Road, New Delhi-110003

2. CENTRAL GROUND WATER BOARD Through its Chairman, Bhujal Bhawan, NH-IV, Haryana- 121001 Faridabad

3. STATE OF RAJASTHAN Through Chief Secretary, Government of Rajasthan, Secretariat, Jaipur-05

4. PRINCIPAL SECRETARY Department of Revenue, Government of Rajasthan, Secretariat, Jaipur-05

5. MEMBER SECRETARY Rajasthan State Pollution Control Board, 4 Jhalana Institutional Area, Jhalana Doongri, Jaipur-302004

6. GENERAL MANAGER North Western Railway Head Quarters, Jagatpura, Jaipur-302017

7. STATE WETLAND AUTHORITY Through Secretary, Department of Environment, Forest & Climate Change Government of Rajasthan, Secretariat, Jaipur-05

8. MANAGING DIRECTOR Ajmer Vidyut Vitran Nigam Limited, Makarwali Road, Panchsheel Nagar, Ajmer, Rajasthan-305004

9. DISTRICT COLLECTOR, NAGAUR Office of the Collector, Nagaur (Rajasthan)-341001

10. DISTRICT COLLECTOR, AJMER Office of the Collector, Ajmer (Rajasthan)-305001

11. DISTRICT COLLECTOR, JAIPUR Office of the Collector, Collectorate, Jaipur (Rajasthan)-302006 ...Respondent(s)

COUNSELS FOR APPLICANT(S):

Mr. M. S. Kachhawa, Advocate Commodore Kamlesh Kumar (Retd.) CMD, Sambhar Salt Limited COUNSELS FOR RESPONDENT(S):

Mr. Dharamvir Sharma, Advocate for MoEF&CC Mr. Om Shankar Shrivastava, Advocate for R-6 Mr. Gopal Singh Bareth, Advocate for R-8 (AVVNN)

Mr. Gigi C. George, Advocate for R-2 (CGWA)

Mr. Yadvendra Yadav, Advocate for CPCB Mr. Nishant Kesharwani, Advocate for Mr. Shoeb H Khan, Advocate for R-3, 4 and 9 Mr. Rohit Sharma, Advocate for R-5 CORAM:

HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER Reserved on: August 02, 2023 Pronounced on: November 09, 2023 SYNOPSIS Documents Para No. Page No.

Facts in brief 1-13 3-13 Tribunal’s Order dated 07.12.2022 14-17 13-14 Joint Committee’s Report dated 03.02.2023 pursuant to 18-19 15-32 Tribunal’s Order dated 07.12.2022 Objections dated 09.01.2023 filed by North Western 20 32 Railway (respondent 6):

Reply dated 09.01.2023 filed by MDAVVNL (respondent 21-22 33-34

8)

Reply dated 10.02.2023 filed by RSPCB 23 34 Additional Documents dated 11.02.2023 filed by 24 34 respondent 6 Tribunal’s Order dated 21.02.2023 25 34 Counter Affidavit dated 20.03.2023 filed by MoEF&CC 26-27 34-37 (respondent 1)

Additional Affidavit dated 04.04.2023 filed by applicant 28 37 Reply dated 20.03.2023 filed by respondent 3 (State of 29-39 37-45 Rajasthan through Chief Secretary), 4 (Principal Secretary of Revenue, State of Rajasthan) and 9 (District Collector, Ajmer)

Supplementary Report submitted pursuant to Tribunal’s 40 45-46 order dated 07.12.2022 I.A. No. 57/2023 filed by applicant 41-43 46-50 Arguments 44-47 50-52 Formulation of Issues 48-49 53 Discussion on Merits 50 53 Statutes Applicable in India for Managing Wetlands 93-122 82-105 Core Zone and Buffer Zone explained 123-130 105-107 Environment and Sustainable Development 131-163 107-117 Importance of Water/Water Bodies/Wetlands 164-178 117-124 Present Problem and Solution 179-187 125-128 Operative Part 188-190 128-131

JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. This Original Application (hereinafter referred to as ‘OA’) under Sections 14, 15 and 18 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been filed by M/s. Sambhar Salt Limited, a company registered vide Certificate of incorporation dated 30.09.1964 issued by Registrar of Companies, Rajasthan, Jaipur. It is a subsidiary of M/s. Hindustan Salts Limited which was incorporated on 12.04.1958 by Registrar of Companies, Rajasthan, Jaipur as a company fully owned by Government