2013 INSC 0635
Union of India
v.
Vimal Bhai & Others
(Supreme Court Of India)
HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE
SUDHANSU JYOTI MUKHOPADHAYA
Special Leave to Appeal (Civil) No. 12065 Of 2009 With Tcs (C). No. 132-33,
36343 Of 2011 & 35 Of 2012 | 16-07-2013

Shri P.P. Malhotra, learned Additional Solicitor General placed before the Court
letter dated 16.7.2013 sent by the Secretariat of Appointment Committee of the
Cabinet to the Ministry of Environment and Forests conveying approval of the
Appointment Committee of the Cabinet to the appointment of two Judicial
Members. The letter also indicate the willingness of the Government of India to
operate the reserved panel. The letter is taken on record and the Ministry of
Environment and Forests is directed to take action within 7 days in accordance
with Para 3 of letter dated 16.7.2013.

Shri Malhotra also gave out that infrastructure is ready for making Pune Bench
of National Green Tribunal (NGT) operational. He submitted that residential
accommodation for Judicial and Expert Members of the Pune Bench has also
been made available.

In view of the statement made by the learned Additional Solicitor General, we
direct that Pune Bench of the National Green Tribunal shall become functional
w.e.f. 1.8.2013.

Shri Rohtagi, learned senior counsel appearing for the State of West Bengal
gave out that serious efforts are being made to make available the
accommodation for Kolkata Bench of the Tribunal as also residential
accommodation for Judicial and Expert Members. He submitted that two weeks'
time may be allowed to the State Government to take necessary steps and the
Court may not direct shifting of the Bench from Kolkata to Gauhati or Ranchi.

1  SpotLaw
The request made by Shri Rohtagi is accepted and two weeks' time is granted to
the Government of West Bengal to provide adequate space for making the
Kolkata Bench of the Tribunal functional. In addition, suitable residential
accommodation for Judicial and Expert Members must also be made available
within this period.

In view of the Judgment of this Hon'ble Court in S.D. Bandi Versus Divisional
Traffic Officer, KSRTC & Ors. (2013 (8) SCALE P.88), notice ordered by this
Court for vacating the Government accommodation from those who are
unauthorisedly occupying the same is discharged with the direction that the
Government and the concerned agencies must take action strictly in accordance
with Para 28 of the judgment in S.D. Bandi's case.

Lt. Gen. S.S. Dahiya, complained that on the strength of the notice issued by
this Court he was forcibly evicted from the accommodation and was made to
pay penal damages.

Shri Rakesh Khanna, learned Additional Solicitor General gave out that he will
instruct the concerned department to look into the grievance of Lt. Gen. Dahiya.

With a view to enable the department to redress the grievance of the Lt. Gen.
Dahiya, we direct him to hand over a letter to the learned Additional Solicitor
General who will ensure that necessary action is taken in the matter at the
earliest.

Put up on 2nd August, 2013.

2  SpotLaw