REVISED

ITEM NO.55 COURT NO.5 SECTION III

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No. …......./2017 (@ Diary No(s). 21743/2017)

(Arising out of impugned final judgment and order dated 02-07-2015 in AN No. 37/2013 passed by the National Green Tribunal, Western Zone, Pune)

MUNICIPAL COMMISSIONER, ULHASNAGAR MUNICIPAL CORPORATION Petitioner(s)

VERSUS

VANASHAKTI PUBLIC TRUST & ORS. Respondent(s) [For permission to bring on record additional facts and documents, stay application, exemption from filing c/c of the impugned judgment, condonation of delay in filing) WITH DIARY NO. 21746/2017

DIARY NO. 22995/2017

DIARY NO. 23408/2017

Date : 14-08-2017 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA

For Petitioner(s) Mr. P.S. Narsimha, ASG Mr. Saket Mone, Adv. Mr. Kush Chaturvedi, AOR Mr. Ninad Lad, Adv. Mr. Aman Varma, Adv. Ms. Anshula Grover, Adv. Mr. Ranjit Kumar, SG Mr. S.C. Birla, AOR

• For Respondent(s) Mr. Colin Gonsalves, Sr. Adv. Ms. Tanya Agarwal, Adv. Mr. Zaman Ali, Adv. Mr. Satya Mitra, AOR Mr. G. Prakash, Adv. Mr. Jishnu M.L., Adv. Digitally signed by MEENAKSHI KOHLI Date: 2017.08.19 13:03:14 IST Reason: Signature Not Verified
  • Mrs. Priyanka Prakash, Adv.

Mrs. Beena Prakash, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

Issue notice to the respondents returnable on 18.09.2017.

We would like the Principal Secretary of the Environment Department of the Government of Maharashtra as well as Member Secretary of the Maharashtra Pollution Control Board to be present in Court on the next date of hearing.

We require their personal appearance because on a reading of the impugned judgment and order passed by the National Green Tribunal, it appears to us that there is absolutely no coordination or coordinated efforts between the various authorities to protect Ulhas river as well as Walduni river. From a reading of the judgment and order passed by the Tribunal, it is clear that these rivers are more or less dead due to pollution.

The aforesaid two officers shall before appearing in this Court have necessary discussions with the Director, IIT Powai, the concerned authorities from the National Environmental Engineering Research Institute (NEERI) at Nagpur and the National Institute of Oceanography.

At this stage, the amounts ordered by the National Green Tribunal may not be deposited.

(MEENAKSHI KOHLI) (SHARDA KAPOOR)

COURT MASTER ASSISTANT REGISTRAR

2

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No. …......./2017 (@ Diary No(s). 21743/2017)

(Arising out of impugned final judgment and order dated 02-07-2015 in AN No. 37/2013 passed by the National Green Tribunal, Western Zone, Pune)

MUNICIPAL COMMISSIONER, ULHASNAGAR MUNICIPAL CORPORATION Petitioner(s)

VERSUS

VANASHAKTI PUBLIC TRUST & ORS. Respondent(s) [For permission to bring on record additional facts and documents, stay application, exemption from filing c/c of the impugned judgment, condonation of delay in filing)

Date : 14-08-2017 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA

For Petitioner(s) Mr. P.S. Narsimha, ASG Mr. Saket Mone, Adv. Mr. Kush Chaturvedi, AOR Mr. Ninad Lad, Adv. Mr. Aman Varma, Adv. Ms. Anshula Grover, Adv. For Respondent(s) Mr. Colin Gonsalves, Sr. Adv. Ms. Tanya Agarwal, Adv. Mr. Zaman Ali, Adv. Mr. Satya Mitra, AOR Mr. G. Prakash, Adv. Mr. Jishnu M.L., Adv. Mrs. Priyanka Prakash, Adv.

Mrs. Beena Prakash, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

Issue notice to the respondents returnable on 18.09.2017.

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We would like the Principal Secretary of the Environment Department of the Government of Maharashtra as well as Member Secretary of the Maharashtra Pollution Control Board to be present in Court on the next date of hearing.

We require their personal appearance because on a reading of the impugned judgment and order passed by the National Green Tribunal, it appears to us that there is absolutely no coordination or coordinated efforts between the various authorities to protect Ulhas river as well as Walduni river. From a reading of the judgment and order passed by the Tribunal, it is clear that these rivers are more or less dead due to pollution.

The aforesaid two officers shall before appearing in this Court have necessary discussions with the Director, IIT Powai, the concerned authorities from the National Environmental Engineering Research Institute (NEERI) at Nagpur and the National Institute of Oceanography.

At this stage, the amounts ordered by the National Green Tribunal may not be deposited.

(MEENAKSHI KOHLI) (SHARDA KAPOOR)

COURT MASTER ASSISTANT REGISTRAR

4