- (1.) Facts leading to file this writ petition before this Court are that Bhartiya Kisan Sangh, Rajasthan Pradesh filed D.B.Civil Writ Petition (PIL) No.718/2009 before this Court raising grievances regarding issue of pollution of water in A minor canal, which passes through Srigangangar district.
(2.) In that writ petition several directions were issued by the Division Bench of this Court from time to time, however, ultimately the said D.B.Civil Writ Petition (PIL) No.718/2009 was transferred to the National Green Tribunal (NGT) for adjudication vide order dated 21.04.2014.
(3.) In the meantime, Bhartiya Kisan Sangh, Rajasthan Pradesh filed Original Application Nos.86 to 89 of 2014 in relation to other minor canals of Sriganganagar district claiming that water in those minor canals are being polluted and, therefore, necessary directions be issued. Circuit Bench of NGT at Jodhpur on 10.07.2014 passed the following order in the above mentioned four original applications: "July,10.2014 Heard the Learned Counsel appearing for the Applicants. The learned counsel for the applicants point out that in respect of A- Minor Canal of Shri Ganga Nagar, the Hon'ble High Court of Jodhpur has passed certain interim directions after getting reports from Rajasthan Pollution Control Board and these four applications relate to similar four minor canals and the water in those minor canals are being polluted and in such circumstances, necessary directions be issued. Let Notice be issued to the respondents by Registered post/ acknowledgment due and Dasti as well. Requisite to be filed within 3 days. Mr. Shishodia takes notice for Respondent nos. 8 to 10. Applicants to serve a copy of the applications to the learned counsel along with the copy of the documents today itself. Considering the allegations raised in the applications and the seriousness of the pollution being caused, we direct the Respondent No. 9 Rajasthan State Pollution Control Board to depute a team headed by a of senior officer to inspect the four minor canals and report about the nature of the canal, the pollution being caused, the sources of pollution and the remedial measures. Let the report be filed by the next date of hearing; List the matters on 11th September, 2014.";