National Green Tribunal
Cavelossim Villagers Forum vs The State Of Goa Through Its Chief ... on 13 September, 2023
Item No.4 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Appeal No.54/2022(WZ)
Cavelossim Villagers Forum
.....Appellant
Versus
The State of Goa through Chief Secretary & Ors.
....Respondent(s)
Date of hearing: 13.09.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Appellant : Ms. Laxmi Desai, Advocate
Respondent(s) : Ms. Manasi Joshi, Advocate for R-1/State of Goa &
R-7/WRD
Ms. Supriya Dangare, Advocate for R-2/Village Panchayat
Mr. Dhruv Tank, Advocate h/f Mr. Abhay Anturkar,
Advocate for R-4/GCZMA
Mr. V.R. Dhond, Senior Advocate along-with
Mr. Preetam Talaulikar, Advocate for R-5 & 6/PP
ORDER
1. From the side of appellant, learned Counsel Ms. Laxmi Desai has appeared.
2. From the side of respondent No.1/State of Goa through Chief Secretary and for respondent No.7/the Water Resource Department, learned Counsel Ms. Manasi Joshi has appeared, who apprised us that there is no requirement to file reply affidavit from the side of respondent No.1 being a formal party and as regards respondent No.7, it is submitted that all the documents, which were required, have already been handed over to the respondent No.4/GCZMA and if in case any reply is required to be filed, the same would be filed after perusing the reply affidavit to be filed by the respondent No.4/GCZMA. We direct that after receipt of the Page 1 of 3 reply affidavit of respondent No.4, reply affidavit be filed from the side of respondent No.7 within one week thereafter, if so required.
3. From the side of respondent No.2/Village Panchayat of Cavelossim, learned Counsel Ms. Supriya Dangare has appeared, who submits that she would seek instruction and file reply affidavit within a period of two weeks, the same is allowed.
4. None has appeared from the side of respondent No.3/The Senior Town Planner, Town & Country Planning Department despite sufficient service.
5. From the side of respondent No.4/GCZMA, learned Counsel Mr. Dhruv Tank holding brief of learned Counsel Mr. Abhay Anturkar has appeared, who submits that he has received instructions from the Department yesterday only, therefore, one week's time may be allowed to file reply affidavit. It is very strange that last order was passed on 31.07.2023 and till now, with so much delay, instruction could be given. But in the interest of justice, last opportunity of two weeks instead of one week is provided to the learned Counsel for respondent No.4 to file the reply affidavit and no more, with the direction that a copy of the same shall be served upon the other parties, who may file objection against the same, if any, within one week thereafter.
6. From the side of respondent No.5/Mrs. Radha Satish Timblo and for respondent No.6 - M/s Shree Balaji Concepts, learned Senior Counsel Mr. V.R. Dhond along-with learned Counsel Mr. Preetam Talaulikar have appeared, who apprised us that reply affidavit has already been filed and a copy of the same is said to have been served upon all other parties. The other parties may file objections against the same, if any, within one week.
Page 2 of 3
Put up this matter for further consideration on 09.01.2024 Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM September 13, 2023 Appeal No.54/2022(WZ) P.Kr Page 3 of 3