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2. Only to avoid repetition of facts relating to the petitioner and because the nature of agreements with the respondent(s) in both the petitions are similar, both the petitions involving claim for a money decree have been heard together and shall be governed by this common judgement and order.

3. As noted earlier, the petitions have been filed for money decree. In BP No. 39 of 2018, the total claimed amount is for Rs.1,31,40,753.00 involving dues payable from October 2015 onwards, In B.P. No, 163 of 2018, the claim is for an amount of Rs.7,53,44,675.00 to cover dues from January 2011 | onwards. The prayer has been made for pendente lite and future interest also at the rate of 18% p.a. in both the petitions. In B.P. No.163 of 2018, there is an additional prayer for an amount of Rs. 63,843.00 said to have been deducted by the respondent{s) as TDS during the Financial Year 2011-12 but allegedly not deposited with the Income Tax Authorities,

2. The subscriber reports furnished by the petitioner since the introduction. of new regime from 01.02.2019 as per new Regulations and Tariff Order of 2017 were not in accordance with the legal requirement. In the notice, the respondent had alleged under-reporting of subscribers in respect of its channels and later also alleged that petitioner was redistributing Zee Bangla channel in unencrypted mode. As the earlier orders would disclose, technical audit held under the orders of this Tribunal was not a smooth affair. The audit report of KPMG is on record. The parties have filed their response to the audit report. Some of the initial difficulties in the audit and reasons for delay of several months will appear from orders passed on 23.07.2019 and also some of the subsequent orders. The initial shortcomings in the petitioner's system are clear not only from the facts available on record and in the order sheets but also from reports of technical audit of petitioner's system prepared 'at the instance of some other broadcasters. As an interim measure, provisional bills were directed to be raised by the respondent on the basis of subscriber reports of the petitioner but it has been made clear that this arrangement shall not prejudice the claim of the respondent for a higher amount, if justified.

Mr, Saniay Govind Dhande & Ors. .. Respondents BERPORE:

HON BLE MR.FUSTICE SHIVA BIRTI SINGH, CHAIRPERSON For Petitioner (in C.A. No.l of 2014) =: Mr, Thyagrajan, Advocate Ms. Akanksha Banerjee, Advocate For Petitioner (in C.A. No.4 of 2014) : Mr. Alok Sharma, Advocate For Respondents > Mr. Arpun Natrajan, Advocate QRDER By S.K. Singh, Chairperson -- At the outset, it ig recorded that learned counsel for Vodafone Cellular Ltd, appellant in Cyber Appeal No.1 of 2014 has informed that the name of the above corporate entity now stands changed to Vodafone Idea Lid. He prays that this change may be recorded and the changed name should appear in the judgment. This prayer has not been opposed by the learned counsel for the other side and hence the change in the name of Vodatone Cellular Ltd. to that of Vodafone Idea Lid. is recorded and the cause title of this judgment and order is accordingly modified so as to teflect the name of Vodafone Idea Lid. Cyber Appeal No.1 of 2014 has been taken as the lead matter. The appellant in the other appeal (Cyber Appeal No.4 of 2014) Le. ICICT Bank Lid. is one of the respondents in Cyber Appeal No.1 of 2014,

2. The Appellate Tribunal at the relevant time could not take up the appeals because of vacancies in its composition and therefore, the appellant approached the Hon'ble High Court of Hyderabad through a writ petition bearing WP No.22474/2014 to challenge the impugned Tariff Order dated 24.02.2014 and also to seek its suspension/stay. The High Court issued notices and by an order passed on 26.11.2014 it also directed the Registry to requisition/eall for the records of the present appeal. The Appellate Tribunal was also directed to send the records of this appeal which was accordingly sent within time. It may be noted that the High Court did not transfer the appeal to itself but only requisitioned the records. When the Appellate Tribunal began to function, then in the presence of learned counsel for the appellant, vide order dated 26.11.2015, it held that since the Hon'ble High Court has decided to examine the correctness and validity of the impugned Tariff Order challenged in the present appeal, the appeal has been rendered mfructuous.

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 Prof. A.R. Yousuf (Expert Member) Dated: September 25, 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 Ministry of Environment and Forest (for short 'the MoEF'), Government of India vide their letter dated 21st December, 2011 accorded Environmental Clearance for Parsa East and Kanta Basan Opencast Coal mine project of 10 MTPA production capacity along with a Pit Head Coal Washery (10 MTPA ROM) to M/s Rajasthan Rajya Vidyut Utpadan Nigam Limited involving a total project area of 2711.034 hectare under the Environmental Impact Assessment Notification, 2006 (for short 'EIA Notification, 2006') subject to the specific conditions stated in that Order. 2

1. Goa Foundation Through Dinesh George Dias G-8, St. Britto's Apts. Feira Alta, Mapusa, Bardez, Goa - 403507.

2. Peaceful Society Through Kumar Kalanand Mani R/o Peaceful Society Campus Honsowado-Madkai, Post: Kundai 403115, Goa .....Appellants Versus

1. Union of India Through the Secretary Ministry of Environment and Forests Paryavaran Bhawan, CGO Complex Lodhi Road, New Delhi - 110003

2. State of Maharashtra Through its Chief Secretary, Mantralaya, Mumbai - 400023

3. State of Karnataka Through the Chief Secretary, Vidhan Soudha, Bangalore - 560001

2. We heard the Learned Counsel for the parties. This application was filed by the Applicant in the matter of the grant of the mining lease to the Respondent No.1 for executing the construction work of the road from the Jaora-Piplodha-Jalandharkheda & Piploda - Sailana at the instance of the Respondent No. 8/Madhya Pradesh Road Development Corporation Ltd. (MPRDC). For the aforesaid purpose the Respondent No.1 was granted temporary mining lease in July, 2013 for mining of material i.e. stone/boulder and murrum from the land in Khasra no. 308/1/1/a, village Amba, Tahsil Sailana, District Ratlam. The question raised by the Applicant was looking to the close proximity to the site of the aforesaid mining lease granted to the Respondent No.1, to the Sailana Wildlife Sanctuary famous for the Lesser Floricon bird, commonly known as Kharmour which is reported to be on the verge of near extinction and the aforesaid Sanctuary is one of the few habitats left over for the breeding purpose preferred by this bird, would be extensively disturbed as a result of the mining activity in such close proximity of the Sanctuary as also the fact, as was revealed before the Tribunal during the hearing, that the extent of the area of the Sailana Wildlife Sanctuary was limited to just about 13 sq.km.

National Green Tribunal Bar Association Through the Secretary Trikoot II Bikaji Cama Palace New Delhi .....Applicant Versus

1. Union of India Through Secretary Ministry of Environment & Forest Prayavaran Bhawan, CGO Complex, Lodhi Road, New Delhi-110003

2. State of Uttranchal Through Chief Secretary Department of Environment and Forest Uttranchal Secretariat, Dehradun Uttrakhand- 248006

3. Divisional Forest Officer IT Cell, PCCF Office, 87-Rajpur Road, Dehradun, Uttrakhand-248001

4. VS Sidhu IPS Officer Police Officers Colony Kishanpur, Dehradun Uttrakhand-24800 .....Respondents Counsel for Applicant:

Shri Dharamvir Sharma, Adv.

Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member

1. Admit.

2. The grievance of the Applicant is that the Applicant is the land holder of Khasra No. 614 measuring 1.113 hectare in Village Barua, Tehsil Gaurihar, Dist. Chhatarpur, MP and as a result of flooding of river Ken huge amount of sand and muram got deposited on his agriculture field. With a view to cultivate the said land, he intended to remove the aforesaid deposit of sand and muram which would amount to mining operation and as such requiring the grant of EC from SEIAA. However, it was brought to his notice on approaching the authorities of MPSEIAA that under the orders issued in Office Memorandum dated 24.12.2013 by the MoEF, Government of India, no such application could be entertained.

Shri Dharamvir Sharma, Adv.

Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member

1. Admit.

2. It is submitted by the Learned Counsel for the Applicant that the matter raised in this application has already been covered by the decision of this Tribunal in O.A.No. 315/2014 (CZ) in case of Ram Swaroop Chaturvedi V/s Chairman, MPSEIAA & Ors. decided on 11.09.2014 in the matter of the Office Memorandum dated 24.12.2013, issued by the MoEF, Government of India.

3. We have considered the application as well as submissions made before us. We would accordingly dispose of this petition in the light of our earlier judgement dated 11.09.2014 in O.A.No. 315/2014 and the directions contained therein shall also apply to the applicant in so far as the applicability of the aforesaid orders of MoEF dated 24.12.2013 is concerned. In case an application is submitted by the Applicant, online or as prescribed under the procedure alongwith requisite fee, such application shall be entertained by the MPSEIAA in accordance with law within two months without being influenced by the Office Memorandum dated 24.12.2013 issued by the MoEF in so far as its operations have been stayed by the Principal Bench of National Green Tribunal in Application No. 343 of 2013 (M.A.No. 1093/2013) in the case of Ranbir Singh Vs. State of H.P. & Ors and Page 2 of 3 Application No. 279/2013 (M.A.No. 1120 of 2013) in case of Promila Devi Vs. State & Ors. dated 28.03.2014.

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.

Case No. 36 of 2019 1

Brief facts and allegations

2. JSW Paints is stated to be a part of the JSW group of companies, which is involved in several sectors, including steel, energy, cement, etc. JSW Paints was incorporated in the year 2016 and launched its decorative paints in May 2019 in Bengaluru and Hubli in Karnataka. JSW Paints has introduced many innovative approaches in the paints industry for the first time in India.

3. Asian Paints is a listed company and is primarily engaged in manufacture and sale of decorative and industrial paints. According to its Annual Report for the FY 2018-19, it is the 3rd largest paint company in Asia and largest in India. In India, it has 8 manufacturing plants for decorative paints and 2 for industrial paints.

2. The Informant, a company incorporated in May, 2015, has been operating under the brand name of Treebo Hotels' and is in the business of providing franchising services to budget hotels in India. In addition to this, Treebo also provides service to numerous independent budget hotels who partner with it under its newly launched 'Hotel Superhero' scheme. Under the said scheme, Treebo only provides services such as hotel management technology services, listing on its platform and other online travel aggregators, credit facilities, support and quality control of the staff and hotel management resources etc. but does not provide its brand name.

3. MMT is an Online Travel Agency (OTA) engaged in the business of providing travel and tourism related services in India. It is a part of MakeMyTrip group of companies (MMT Group). OYO, on the other hand, provides budget accommodation to customers and is in the market for providing franchising services to budget hotels under the brand name 'OYO'.

2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor.

3. The registration of the first information report is the process in terms of which the criminal law is set in a cognizable case. True, the first information report and all further proceedings thereto can be quashed by this court either to prevent abuse of the process of any court or otherwise, to secure the ends of justice where the allegations made in the first information report, even if they are taken at their face value and accepted in their entirety, do not, prima facie, constitute any cognizable offence, or where the criminal proceedings is manifestly attended with malafide and/or where the proceedings is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to Crl.M.C.No.4440 of 2018 5 private and personal grudge. It is, however, settled that the power to quash the first information report is a power that must be exercised sparingly and with circumspection in rarest of rare cases. It is also settled that the court would not be justified in embarking upon an enquiry in such cases as to the reliability or genuineness or otherwise of the allegations made in the first information report. The court cannot also enquire whether the allegations in the first information report are likely to be established [See M.Narayandas v. State of Karnataka, (2003)11 SCC 251].

2. Petitioner is the first respondent in M.C. No.11 of 2016. Respondents 1 and 2 herein are the wife and son of the petitioner respectively. The respondents instituted the said proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking, among others, an order restraining the petitioner and his parents from committing any act of domestic violence. The respondents have also sought in the proceedings orders for their maintenance and for the return O.P.(Crl) No.727 of 2017 3 of money, gold ornaments, documents etc. In the course of the proceedings, the parties were referred for mediation. After the mediation, the mediator reported to the court that mediation was successful and forwarded Exhibit P2 mediation agreement entered into between the parties and signed by their respective counsel to the court. As per Exhibit P2 mediation agreement, the petitioner has agreed to pay a sum of Rs.8,00,000/- to the first respondent and Rs.20,000/- per year to the second respondent. Provision was also made in the mediation agreement for the custody of the second respondent during his minority. In terms of the mediation agreement, the petitioner and the first respondent have also agreed to prefer an application for divorce on mutual consent. The Jurisdictional Magistrate disposed of the proceedings in terms of the mediation agreement. Exhibit R1(a) is the order passed by the Jurisdictional Magistrate in this connection. The case set out by the petitioner in the original petition is that Exhibit P2 mediation agreement is one obtained from him by the mediator under the threat that he would, otherwise, be put behind bars O.P.(Crl) No.727 of 2017 4 along with his parents. It is also the case of the petitioner that Exhibit P2 mediation agreement was the result of a conspiracy between the first respondent, the mediator as also the counsel for both the petitioner and the first respondent. It is pleaded by the petitioner in the original petition that he never wanted to live separately from the respondents.

2. The petitioner is the sole accused in the crime which is registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 5(l) and 5(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. The victim involved in the case is a girl aged 16 years. The accused is the husband of the younger sister of the mother of the victim. The accusation in the case is that on 08.08.2016, and on several days thereafter, the accused has raped and committed penetrative sexual assault on the victim. The final report in the case is sought to be quashed on the Crl.M.C.No.463 of 2020 3 ground that the grievance of the victim has been redressed, and she does not intend any more to pursue this matter. An affidavit to that effect by the victim is also part of the records.

2. Pursuant to the decision of the Government of Kerala to apply part of the proceeds of the financial aid received from the World Bank through the Government of India for execution of the work, namely "KSTP-II -Upgrading Punalur to Ponkunnam Road (SH 8) Package 8A: Km 0+000 (Punalur) to KM 29+840 (Konni)"(the Work), the Kerala State Transport Project (KSTP), the Consultant Engineer of the Government of Kerala for the World Bank aided projects, invited bids for construction and completion of the Work. Ext.P1 is the procurement notice issued by KSTP in this connection. It is specified in Ext.P1 notice that the bidding will be conducted in accordance with the Wpc nos.26853 & 31556 of 2019 6 procedures prescribed in the Guidelines issued by the World Bank for procurement under IBRD loans and IDA credits (current edition) and it will be open to all eligible bidders as defined in the said Guidelines to participate in the bidding process. In terms of the Invitation to Bid (ITB) published in this regard by KSTP, the prospective bidders could be individuals or joint ventures and they were to submit technical as also financial bids.

2. The petitioner, his elder brother Mohanan and his elder sister Sarasamma were residing in adjoining houses. Mohanan had a daughter named Arya, aged 13 years. She committed suicide on 2.2.2015 by hanging herself in a tree near W.P.(C) No.30976 of 2018 4 her house. The deceased was studying in 8 th standard at the relevant time. It was Sarasamma who first found Arya hanging in the three. The petitioner went to the spot hearing the hue and cry of Sarasamma. The matter was informed to the Police thereupon by the petitioner. In the autopsy, it was revealed that the deceased was subjected to both vaginal as also anal intercourse. The case which was registered earlier under Section 174 of the Code Of Criminal Procedure (the Code) was consequently amended as one under Sections 305 and 376 of the Indian Penal Code (the IPC) and also under Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act (the POCSO Act). In the investigation conducted thereupon, the Police came to the conclusion that it was the petitioner who has abused the deceased sexually and she committed suicide on account of the said reason. Consequently, final report was filed in the case under Sections 305 and 376 (2) (f) of the IPC and Section 3 read with Section 4 and Section 5(l) read with Section 6 of the POCSO W.P.(C) No.30976 of 2018 5 Act. Exhibit P2 is the final report in the case. The accusation in the case is that the petitioner who was residing alone in the neighbourhood of the house of the deceased has raped and committed penetrative sexual assault on the deceased on 10.1.2015 and on several occasions thereafter at her house and thereby abetted the deceased to commit suicide.

2. Crl.M.C.No.1343 of 2020 is one instituted by the State invoking the power of this Court under Sections 439(2) and 482 of the Code of Criminal Procedure (Code), seeking orders setting aside Annexure-B order in terms of which the Court of the First Additional Sessions Judge, Thrissur granted bail to the respondent who is the sole accused in Crime No.47 of 2020 of Chelakkara Police Station. The crime aforesaid is one registered for offences punishable under Section 354 of the Indian Penal Code(the IPC), Sections 9(f), 9(k) and 9(m) read Crl.M.C.Nos.1237 & 1343 of 2020 4 with Section 10 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The accused is a teacher and NCC instructor in the school where the victim girl aged 11 years who is intellectually disabled is pursuing her studies. The accusation is that on 23.01.2020, during lunch break, the accused took the victim girl to the NCC room, locked the room from inside and touched her breast and private parts with sexual intent. As stated, Crl.M.C.No.1237 of 2020 is also one instituted for the same relief by the mother of the victim girl.

2. Before venturing to decide on the questions raised, it would be profitable to state the relevant facts.

The 1st respondent is the K.M.J Public School, represented by its Manager. The 2nd respondent is the Principal of the said school. The petitioners 1 and 2 have been working as drivers for the past 14 and 9 years respectively in the said school whereas the petitioners 3 and 4 have been working as sweepers in the same institution for the past 8 years. They contended that they have been receiving wages at less than the minimum wages prescribed by the State Government by various notifications and also as per the directions issued by this Court in State of Kerala vs Mythri Vidya Bhavan English Medium School and another1. They contended that a person junior to them, 1 [2013 (1) K.L.T short note 36] W.P.(C) No.14087/2019 4 who was a Class-IV grade employee, was drawing a much higher wage as compared to the petitioners. According to them, they are entitled to higher amounts toward salary from 1.7.2013 onwards.

SHRI BALUBHAU ALIAS SURESH NARAYAN DHANORKAR (CHANDRAPUR): I beg to present the following Reports (Hindi and English versions) of the Standing Committee on Coal and Steel :-

(i)                 Third Report on 'Demands for Grants (2019-20)' pertaining to the Ministry of Coal.

(ii)               Fourth Report on 'Demands for Grants (2019-20)' pertaining to the Ministry of Mines.

(iii)              Fifth Report on 'Demands for Grants (2019-20)' pertaining to the Ministry of Steel.

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:20 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:20 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document

List after ten days. (N.S. Dhanik, J.) 06.5.2020 Prabedh

Mr. Pratiroop Pandey, AGA for the State. This matter is heard through Video Conferencing.

Learned counsel for the State prays for and is granted three weeks' time to file counter affidavit. List thereafter.

(Ravindra Maithani, J.) 06.05.2020 Jitendra

The exemption application, to exempt the applicant from filing the affidavit, has been filed by the applicant during COVID-19, pandemic lockdown with short term bail application.

The exemption application is not opposed by the State.

The exemption application is allowed with the condition that directions of the Notification No. 86/UHC/Admin.B/2020 dated 11.04.2020 of this High Court will be followed by the applicant.

The regular bail application no. 546 of 2020 is pending before this Court.

The applicant is in custody since 10.02.2020 in connection with the F.I.R. No. 1 of 2020, registered with the Police Station Baijnath, District Bageshwar, for the offences punishable under Sections 306 and 498-A of the I.P.C.

This first bail application has been filed for regular bail in connection with the Case Crime No. 270 of 2018, registered with the Police Station Kotwali Manglour, District Haridwar for the offences punishable under Sections 420, 323, 504 & 307 of the I.P.C.

On 04.05.2018, the informant lodged an F.I.R. alleging that about two years ago, he came in contact with the present applicant and co-accused Dinesh. They told him that they were in business of sale- purchase of Diamonds through their company "J.J. Company" at Delhi. On instigation, the informant gave money time to time to the accused persons. He gave total Rs. 60,60,000/- to the co-accused persons. They assured to return the money, however, even after two years, his money has not been returned. On 01.03.2018, the informant pressurized the accused persons to return his money, on which, the informant was being called on 03.05.2018 at Ulhera Bagh, where the applicant and co-accused persons abused and threatened him, the present applicant assaulted him through a Balkati and other co-accused persons assaulted with kicks and fists.

... for the respondent.

The applicant is the respondent in an appeal against a money decree. The applicant apprehends that during the pendency of the appeal, the appellant may dispose of its assets or alienate the same.

Since the operation of the decree has not been stayed, it is open to the respondent to levy execution and seek the necessary protection. The injunction sought would not fall within the scope of this appeal.

(SANJIB BANERJEE, J.) (I. P. MUKERJI, J.) SG

Mr. Sudipta Sarkar, Sr. AS Mr. S.N. Bajaria, Acivor .. Faint The Court : This affidavit of arrest has been Med in an admiralty auit fled by the plaintiff praying for, inter alia, arrest af the defendant veasel, M¥ Han Xin, flying the flag of Hong Keng. I am told that the said veese! is presently ying at the Kolkata Port, within the Admiralty Jurisdiction of this Court, After hearing learned Counsel for the phantiff, in view af the urgency mvolved, 1 dispense with the requirement of camplying with Section 124 of the Commercial Courts Act and amit the plaint subject te scrutiny.

Mr. S.K. Bajoma, loarned Advocair-on-Recard for the plaintif is appointed Receiver for the purpose of paying deficit Quurt fees within a week _.

PRIYAMBADA DEVI BIRLA AND BIRLA CABLES LTD.

VS.

ARVIND KUMAR NEWAR & ORS.

.................

APO NO.17 OF 2019 APOT NO.138 OF 2019 GA NO.1735 OF 2019 TS NO.6 OF 2004 IN THE GOODS OF:

PRIYAMBADA DEVI BIRLA AND VINDHYA TELELINKS LTD.

VS.

ARVIND KUMAR NEWAR & ORS.

..............

2

PRESENT :

THE HON'BLE JUSTICE DR.SAMBUDDHA CHAKRABORTY AND THE HON'BLE JUSTICE ARINDAM MUKHERJEE Heard on : 04.02.2020, 11.02.2020, 13.02.2020, 18.02.2020 & 20.02.2020.