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Nizamuddin West Association (s) v. Union Of India And Others (s).
Factual and Procedural Background
The National Green Tribunal (NGT) had been monitoring the rejuvenation of the river Yamuna pursuant to its orders dated 13 January 2015, 8 May 2015, and 7 December 2017, as well as certain directions of the Supreme Court. On 27 January 2021, however, the NGT disposed of Original Application (OA) No. 6 of 2012 while directing senior officials of Delhi, Haryana, and Uttar Pradesh to continue administrative monitoring of the clean-up efforts. Nizamuddin West Association appealed this disposal order to the Supreme Court. After issuing notice on 25 April 2022, the Supreme Court heard the matter on 21 October 2022, with the Union of India represented by the Additional Solicitor General.
Legal Issues Presented
- Whether the NGT was justified in disposing of OA No. 6 of 2012 despite the continuing need for judicial oversight of Yamuna-rejuvenation measures.
- Whether ongoing monitoring should remain with the NGT as the expert environmental adjudicatory body.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Supreme Court observed that multiple earlier directions of the NGT were still operative and that effective clean-up of the Yamuna required continuous judicial supervision by an expert body. Acknowledging a representation by the Additional Solicitor General that the Ministry of Jal Shakti had been filing status reports before the NGT, the Court concluded that the NGT remains the appropriate forum to assess compliance and to issue further directions. Consequently, the disposal of the OA by the NGT was viewed as premature and counter-productive to sustained environmental governance.
Holding and Implications
Holding: The Supreme Court set aside the NGT’s direction dated 27 January 2021 that had disposed of OA No. 6 of 2012, ordered that the OA continue on the NGT’s file, and requested the NGT to resume periodic monitoring. The civil appeal was accordingly DISPOSED OF, and all pending applications were also disposed of.
Implications: The NGT must list OA No. 6 of 2012 at an early date and continue to oversee implementation of its prior orders regarding the Yamuna. The decision ensures sustained judicial oversight but does not create new substantive precedent beyond reaffirming the NGT’s monitoring role.
1. This appeal arises from an order dated 27 January 2021 of the National Green Tribunal in OA No 6 of 2012.
2. The issue which was considered by the NGT pertained to the rejuvenation of the river Yamuna through the execution of the directions contained in a previous order dated 13 January 2015 and subsequent orders, including those dated 8 May 2015 and 7 December 2017. The NGT also noted that certain directions had been issued by this Court.
3. In this backdrop, the NGT directed that the Chief Secretary, NCT of Delhi, in coordination with other authorities such as the Additional Chief Secretary, Urban Development, DDA, IDMC, DPCC and DJB and the Chief Secretaries of Haryana and Uttar Pradesh, may personally monitor the progress by providing an effective administrative mechanism to handle the grim situation of the river caused by years of neglect. The NGT has issued certain ancillary directions for monitoring. However, the NGT has disposed of the OA at that stage.
4. Pursuant to the issuance of notice by this Court on 25 April 2022, the Union of India has been represented by Ms. Aishwarya Bhati, Additional Solicitor General.
5. We have heard Ms. Mugdha, counsel appearing on behalf of the appellant and Ms. Aishwarya Bhati, Additional Solicitor General.
6. In our considered view, having regard to the previous directions which have been issued by the NGT for monitoring the steps to be taken for cleaning of the river Yamuna, the ends of justice require that the matter be monitored by the NGT.
7. Ms. Aishwarya Bhati has stated that the Ministry of Jal Shakti has been fling status reports before the NGT.
8. In order to facilitate judicial oversight by an expert adjudicating body, we request the NGT to monitor the matter and compliance of its orders at periodic intervals. To facilitate this process, we set aside the direction contained in the impugned order dated 27 January 2021 for the disposal of the application. OA No 6 of 2012 shall continue to remain on the file of the NGT. The NGT shall list the OA at an early date so that necessary directions can be given so as to enable it to assess the status of compliance with its previous orders and for considering whether any further orders are necessary to meet the exigencies of the situation.
9. The appeal is disposed of in the above terms.
10. Pending application, if any, stands disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Civil Appeal No(s).3465/2022
Nizamuddin West Association.….Appellant(s)
Versus
Union of India and Others.….Respondent(s)
(WITH IA No. 160283/2021 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 160282/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 160281/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 160280/2021 - PERMISSION TO FILE LENGTHY LIST OF DATES)
C.A. No. 1629/2022 (XVII)
(WITH IA No. 61790/2022 - APPLICATION FOR PERMISSION, IA No. 28690/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 146203/2022 - EXEMPTION FROM FILING O.T.)
Date: 21-10-2022 These appeals were called on for hearing today.
(Before Dr D.Y. Chandrachud and Hima Kohli, JJ.)
Civil Appeal No(s).3465/2022
11. The appeal is disposed of in terms of the signed order.
12. Pending application, if any, stands disposed of.
Civil Appeal No. 1629/2022
13. None appears on behalf of the State of Uttar Pradesh.
14. We permit the appellant to serve the Standing Counsel for the State of Uttar Pradesh.
15. List the appeal on 7 November 2022.
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