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>. Learned counsel for the appellants has also filed written notes of arguments and in reply a further written note of arguments has been filed by learned counsel for the respondent. The respondent, as an account holder in the State Bank of India (SBI), suffered a loss of Rs. 18,35 lakh through 20 internet transactions and the money was transferred to 20 accounts, all with the SBI. The account holder/complainant filed Petition No. 1 of 2013 before the leamed A.O./Secretary to Government, Information Technology, Electronics and Communications Department, Government of Andhra Pradesh. After hearing the parties in detail and taking into consideration the defence of the Bank, which is the appellants herein, and all the relevant documents, learned A.O. by the impugned order dated 12,3.2014 has allowed claim of the complainant who is respondent herein and directed SBI to pay the entire amount of Rs. 18.35 lakh with interest from the date of loss ie. 13.5.2012 till the date of payment along with the costs of Rs. 39,750.00. The rate of interest is 18% per annum. Admittedly, nothing has been paid by SBI so far.

2. Considering above, the sentence in paragraph 30, reading "The industry has also filed M.A.No.145/2014 in connection with such closure with a prayer to direct MPCB to give hearing before restart" Should be read as "The industry has also filed MA No.145/2014, with a prayer to direct the MPCB to take decision on the Application of the Applicant for revocation of closure directions at the earliest, on the basis of merit of the matter".

3. Considering the above specific directions, we do not find any necessity to rectify the operative part of the Judgment. However, considering the fact that hearing has already been extended to the said Industry on 19.8.2014, by the Member Secretary, as mentioned by the Applicant- Industry, and also by MPCB in its affidavit Misc Appln. No.155/2014 Page 2 dated 2nd September, 2014, we expect that the learned Member Secretary will expedite decision making, and take a decision on the request of the Industry for re-start, in any case, not later than two (2) weeks from today.

24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions:

1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. "

24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions:

1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. "

2. There is no dispute about fact that Respondent No.2 formulated a policy as published in Government Resolution dated 12th March 2013. Case of the Appellant is that, Respondent No.5 auctioned various sand-beds of Yavatmal District as per guidelines issued by the Government of Maharashtra in its Policy OM dated March 12th, 2013. He alleges that due to such illegality, extraction of sand by lease holders including Respondent No.6, one of such auction lease holder, being carried out. The Appellant is more concerned with sand-beds at village Babhulgaon. He would Misc Appln. No.155/2014 Page 3 submit that before grant of Environmental Clearance, State Environment Appraisal Committee (SEAC) ought to have considered whether the sand-bed is below 5 ha. area and distance between two (2) sand-beds is atleast 1 k.m. The SEAC failed to consider such kind of parameters and recommended the case to the SEIAA (Respondent No.4). The SEIAA thereafter granted the EC without proper assessment and appraisal. Consequently, the Appellant challenges the EC and the auction proceedings.

"M.A.No.628 0f 2013 "Notice of this Misc Application on the question of limitation be issued by registered post/acknowledgement due and Dasti as well.

Notice returnable on 04th September, 2013."

...........Sd/xxx..........................., CP (Swatanter Kumar) ..........Sd/-xxx.........................., JM (U.D. Salvi) ..

..........Sd/xxx..........................., JM (S.N.Hussain) .............Sd/xxx........................, EM (P.S.Rao) ............sd/xxx........................, EM (Ranjan Chatterjee) Page 3 (J) M.A. No.628/2013, ,Appln. No.17/2013 & Appeal No.80/2013 (WZ)

"M.A.No.628 0f 2013 "Notice of this Misc Application on the question of limitation be issued by registered post/acknowledgement due and Dasti as well.

Notice returnable on 04th September, 2013."

...........Sd/xxx..........................., CP (Swatanter Kumar) ..........Sd/-xxx.........................., JM (U.D. Salvi) ..

..........Sd/xxx..........................., JM (S.N.Hussain) .............Sd/xxx........................, EM (P.S.Rao) ............sd/xxx........................, EM (Ranjan Chatterjee) Page 3 (J) M.A. No.628/2013, ,Appln. No.17/2013 & Appeal No.80/2013 (WZ)

2. Briefly stated, case of the Appellant is that as per Judgment of Apex Court in "Deepak Kumar Vrs. State of Haryana, 2012(4) SCC 629" sand beds (sandghats) situated below 5 ha. area may be leased out only if distance between the two (2) ghats is of atleast 1 k.m. It is in keeping with such directions of the Apex Court that the MoEF has issued OM dated 24th December 2013. The State has no authority to consider the project activities of granting lease of area over and above 5 ha. of sandghats into the category of 'B-2' as per class 2(I)(iii) of the OM dated 24th December 2013. Such a project will have to be treated as category 'B-1' project for the purpose of appraisal and must be appraised by the MoEF. The SEIAA could not have done the work of assessment/appraisal nor the SEIAA could have granted the EC. According to the Petitioner the Respondents purposefully downsized the (J) Appeal No.10/2014 (WZ) 3 sand beds without keeping marginal space of 1 k.m. between the two (2) sand beds. It is stated that the auction conducted by both the Collectors is illegal and erroneous. Consequently the Appellant seeks to challenge the same and urges to quash the same.

2. The Project Proponent (M/s Windosor Reality Pvt Ltd), has come out with a case that the plans for construction of commercial building were issued by the Planning Authority on 7.7.1993. The project work was started long back. The construction work was going on for about a period almost over and above 8/10 years. The Project Proponent alleges that the building having 28 floors, 3 level podium and 2 voids, in total 33 floors, have been constructed and that by itself must be deemed to be a notice to the Applicant. So, it is not open for the Applicant now to raise such a dispute under false and frivolous allegations that 'cause of action' to file the Application has arisen first on 23rd October, 2013. The Applicant cannot raise such a dispute at a belated stage by giving goby to the specific provisions of Section 14 (3) read with Section 18 of the National Green Tribunal Act, 2010. The Hon'ble Bombay High Court and Hon'ble Supreme Court interpreted the special enactments like the Arbitration Act, 1998, the Electricity Act, 2003 and held that where a statute prescribes shorter period of limitation and different scheme of limitation is provided under such a Statute, the provisions of the Limitation Act, 1963, are excluded and the Tribunal must apply the period of Page 4 (J) M.A. No.65/2014 in Application No.13/2014 (WZ) limitation as prescribed under the special enactment while exercising its powers. So, when the special provision is set out under Section 14(3) of the NGT Act, then time cannot be extended any more by Application of Section 5 of the Limitation Act, 1963, or any such analogues provision.

Counsel for Respondent Shri Sachin K. Verma,Adv. Nos. 1, 3, 4 & 8: Shri D.S.Kanesh, DFO Counsel for Respondent No. 2: Shri Rajendra Babbar, Adv. Counsel for Respondent No. 5: Shri Naman Nagrath, Sr. Adv. with Mr. Qasim Ali, Adv. Counsel for Respondent No. 6 & 7: Shri Om Shankar Shrivastav, Adv. & Shri Dharamvir Sharma, Adv. Dated : October 1st, 2014 J U D GEM E N T

1. This Application was originally filed as Writ Petition No. 6930/2009 in the High Court of Madhya Pradesh at Jabalpur as Public Interest Litigation. In pursuance of the order dated 05.12.2013 of the Hon'ble High Court of Madhya Pradesh in consonance with the judgement dated 9th August, 2012 of the Hon'ble Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan and Others Vs. Union of India & Others (2012) 8 SCC 326, the Writ Petition was transferred to the Central Zone Bench, National Green Tribunal, Bhopal and was registered as Original Application No.114/2013. The matter was listed for hearing on 13-1- 2014 since the Hon'ble High Court, while ordering the transfer of the case, directed that the parties shall appear before this Tribunal on 13-1-2014.

1. Hon'ble Shri Justice M. Chockalingam, Judicial Member

2. Hon'ble Prof. Dr. R. Nagendran, Expert Member

------------------------------------------------------------------------------------------------

Date: 15th October, 2014

------------------------------------------------------------------------------------------------ (Hon'ble Shri Justice M. Chockalingam, Judicial Member) These appeals have been filled by appellant herein challenging the order of the 2nd respondent, namely, the Appellant Authority, Tamil Nadu Pollution Control (Appellant Authority) made in Appeal Nos. 37 and 38 of 2013 dated 28.02.2014 whereby the appeals have been dismissed.

1. Hon'ble Shri Justice M. Chockalingam, Judicial Member

2. Hon'ble Prof. Dr. R. Nagendran, Expert Member

------------------------------------------------------------------------------------------------

Date: 15th October, 2014

------------------------------------------------------------------------------------------------ (Hon'ble Shri Justice M. Chockalingam, Judicial Member) These appeals have been filled by appellant herein challenging the order of the 2nd respondent, namely, the Appellant Authority, Tamil Nadu Pollution Control (Appellant Authority) made in Appeal Nos. 37 and 38 of 2013 dated 28.02.2014 whereby the appeals have been dismissed.

Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014

1. Whether the judgment is allowed to be published on the net?

2. Whether the judgment is allowed to be published in the NGT Reporter?

JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water.

Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014

1. Whether the judgment is allowed to be published on the net?

2. Whether the judgment is allowed to be published in the NGT Reporter?

JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water.

Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014

1. Whether the judgment is allowed to be published on the net?

2. Whether the judgment is allowed to be published in the NGT Reporter?

JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water.

Ref. Case No. 05 of 2019 1

2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively.

3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below:

2. The Informant in the present case had floated a Tender No. A/59919/Shirt Khakhi/DGOS/OS-PII/Proc Sec, dated 19.06.2017 for procurement of 1,38,251 Shirt Man's Cellular Cotton 1973 Pattern (Modified) Khaki ("Item"). The Informant has stated that out of 14 firms which participated, only 09 qualified for the opening of their commercial bids.

3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said four firms (Opposite Parties). As submitted by the Informant, details of the bid are reproduced in the table below:

Table 1: Details of Bidders S. No Firm Name Rate (in Rs) Status

Ref. Case No. 05 of 2019 1

2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively.

3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below: