NGT Directs Personal Appearance Of MP Principal Secretary And Other Top Authorities In Narmada River Pollution Case

The principal bench of NGT has directed the personal appearance of Principal Secretary, Vice Chairman of the Narmada Valley Development Authority, Bhopal and other top authorities of Madhya Pradesh in the Narmada River pollution case, considering it important to assist the tribunal in the just and proper adjudication of the questions involved in the matter.

The bench of Justice Arun Kumar Tyagi ( Judicial Member) and Dr. Afroz Ahmad (Expert Member) said that, “The proceedings before this Tribunal cannot be treated as part of adversarial litigation where the concerned respondents/defendants may opt out to remain absent and suffer ex-parte proceedings. On the other hand, the State and its instrumentalities are under constitutional and statutory obligations to ensure compliance with environmental norms and, therefore, the State and its instrumentalities have to ensure submission of their replies/response with relevant details and also their representation through duly authorised representatives/Counsel before this Tribunal”.

The Tribunal stated that as the State of Madhya Pradesh and its instrumentalities are not appearing before the Tribunal and responding to the notices served on them, it deems it necessary to inform the Chief Secretary and the Advocate General of the Government of Madhya Pradesh. The Tribunal directed them to issue suitable instructions to ensure compliance with the notices issued by the Tribunal, submission of reply, and representation through their authorized representative before the Tribunal, as required.

The NGT has further directed to issue notices to the Respondent state and authorities, again requiring them to file their replies within three months.

The Tribunal has passed an order stating, “we consider

personal appearance of the Principal Secretary, Madhya Pradesh Urban Development Department, Government of Madhya Pradesh, the Vice Chairman, Narmada Valley Development Authority, Bhopal through VC, the Chief Engineer, Central Water Commission, Bhopal, the Executive Officer, Dindori and the Collector, Dindori physically before this Tribunal on the next date of hearing to be essential for assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present before this Tribunal on that date.”

Background

An application was filed through a letter petition raising concerns about serious damage to the environment of River Narmada in Dindori, Madhya Pradesh.

The applicant claimed that funds worth crores of rupees have been sanctioned and released but the authorities have failed to prevent discharge of untreated sewage/drain water in Narmada river.

The applicant had requested the Tribunal to issue several directions against the state of Madhya Pradesh and local authorities including to stop the release of untreated sewage into the river and ensure that there is no cutting of trees at the river bank.

In September 2022, The Tribunal considered the allegations in application relating to the environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010. In view of the allegations made in the application the NGT formed a Joint Committee to verify the factual position.

In January 2023, the report was filed and the NGT passed an order, in view of the averments in the application and observations in the report of the Joint Committee, to have a response from (1) the State of Madhya Pradesh, through the Chief Secretary, Government of Madhya Pradesh, (2) the Vice Chairman of the Narmada Valley Development Authority, Bhopal, (3) the Commissioner of the Municipal Council, Dindori, (4) the Chief Engineer of the Central Water Commission, Bhopal, (5) the Principal Secretary of the Madhya Pradesh Urban Development Company Ltd., (6) the MPPCB, (7) the DFO of Dindori, and (8) the Collector of Dindori, who stand impleaded as respondents No. 1 to 8.

The directions were made to file the response within two months.

However, in the event of failure to file the reply, the tribunal asked the respondents, in the last hearing held on 5 April, to again file the response within three months.

The matter will now be taken up on 9 August.

Case Title- Samayak Jain & Ors. v. State of Madhya Pradesh & Ors.

Counsel for Applicant: Manan Aggarwal

Counsel for Respondent: Raghav Sharma, Advocate for MPPCB.

Click Here To Read/Download Order