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National Green Tribunal

News Item Titled Manipuri Ponies Under ... vs Moef And Cc Integrated Regional Office ... on 31 January, 2025

      Item No.08                                                           Court No.1


                 BEFORE THE NATIONAL GREEN TRIBUNAL
                    EASTERN ZONE BENCH, KOLKATA
                    (THROUGH PHYSICAL HEARING WITH HYBRID MODE)


                          Original Application No.153/2024/EZ
                             (Earlier O.A. No.716/2024/PB)

      News Item titled "Manipuri ponies under
      threat despite state conservation policy"
      appearing in India.mongabay.com dated 07.05.2024,
                                                                         ...Applicant(s)

      Date of hearing: 31.01.2025
      CORAM:        HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
                    HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

      For Applicant(s)     : Suo Motu,

      For Respondent(s) : Mr. Apurba Ghosh, Advocate for R-1,
                          Mr. Pukhrambam Ramesh Kumar, Adv. a/w
                          Ms. Rajkumari Divyasana, Adv. for R-2,3&4 (in Virtual Mode)

                                         ORDER

1. Affidavit dated 29.01.2025 has been filed on behalf of the Respondent Nos.3 and 4, State of Manipur; the same is taken on record.

(Final order of the said case will be uploaded in the NGT website by separate sheets of paper).

..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM January 31, 2025, Original Application No.153/2024/EZ (Earlier O.A. No.716/2024/PB) SKB 1 Item No.08 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.153/2024/EZ (Earlier O.A. No.716/2024/PB) IN THE MATTER OF:

News Item titled "Manipuri ponies under threat despite state conservation policy"
appearing in India.mongabay.com dated 07.05.2024 ...Applicant(s) Versus
1. Ministry of Environment, Forest & Climate Change, Integrated Regional Office (Manipur) Law-U-Sib, Lumbatngen, Near MTC Workshop, Shillong - 793021
2. Loktak Development Authority, Manipur Through its Chairperson, The Secured Office Complex 2nd Floor, North Block AT-Line, Near 2nd MR Gate Imphal (W) Manipur - 795001
3. Veterinary and Animal Husbandry Services, Through its Principle Secretary, Manipur Secretariat, Imphal West, Manipur - 795001, India
4. Deputy Commissioner, Revenue Department, Imphal West, DC Office, Lamphel, Manipur - 795004, .... Respondent(s) Date of hearing: 31.01.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu, For Respondent(s) : Mr. Apurba Ghosh, Advocate for R-1, Mr. Pukhrambam Ramesh Kumar, Adv. a/w Ms. Rajkumari Divyasana, Adv. for R-2,3&4 (in Virtual Mode) 2 ORDER
1. The Original Application No.716/2024/PB was registered suo motu by the New Delhi Bench of the National Green Tribunal on the basis of a news item titled "Manipuri ponies under threat despite state conservation policy" appearing in India.mongabay.com dated 07.05.2024.

2. Thereafter, the said Original Application was transferred to the Eastern Zone Bench, Kolkata, of the National Green Tribunal vide order dated 02.07.2024 and has been re-numbered as Original Application No.153/2024/EZ. Paragraphs 2, 3, 4, 5 and 6 of the order dated 02.07.2024 read as under:-

"2. The matter relates to the threat to Manipur's ponies as its grazing grounds and natural habitats are being encroached by infrastructure development projects. This is pushing the ponies out of their habitat, making them more susceptible to road accidents and deaths due to plastic consumption. As per the article, though the government launched a conservation policy for the ponies in 2016, it has not been efficiently implemented on ground, increasing concern for the last remaining population of the species.
3. The news item further states that in 2016, the Manipur state government passed the Manipur Pony Conservation and Development Policy, acknowledging the decline in the species population, from 1898 as per the 2003 livestock census to 1101 as per the count published in the 2012 census. However, there has not been efficient implementation on ground. Only one meeting of the board members has happened till date, after the passing of the policy and 32 acres of low-lying area within Lamphelpat has been earmarked as grazing ground for the ponies. This area of grazing ground may at best cater to 100 ponies for a month. Besides natural reasons, road accidents and plastic consumption have been the major causes of pony deaths in the last few years. Due to the increasing stress induced by declining grazing grounds, ponies are often out in the roads and seen scavenging for food from a pile 3 of roadside garbage, which often causes consumption of plastics. This leads to blockages in their intestines and causes death.
4. The news item alleges that the Manipur ponies prefer the kind of habitat with marshy green wetlands. However, the government is not focusing on the preservation of grazing fields and wetlands. . The wetlands in Imphal used to be the primary habitat place for the Manipur ponies. However, the situation has changed due to development of infrastructure in the region. The Water Resource Department has finalized a latest project to dig Lamphelpat into a 12 feet deep waterbody, which seems to be the final nail in the coffin. The project spans over 300 acres and thus forces the Manipur ponies to step out of their habitat. The article notes that since the initiation of this project, over 10 ponies have died as they got stuck in the mud pool. The article also highlights that local grass such as tingoi and hoop are the main fodder for ponies, however, they are found no more after the projects in Lamphelpat.
5. The above news item indicates violation of the provisions of the Environment Protection Act, 1986, Policy on Conservation of Manipuri Pony, 2016, and the Biological Diversity Act, 2002.
6. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment."

3. The Ministry of Environment, Forest & Climate Change, Respondent No.1, has filed affidavit dated 22.10.2024 stating therein that land is a subject matter of State Government and forest/wetland areas and boundaries thereof are determined and maintained by the concerned State Government.

4. The Respondent Nos.3&4, State Respondents, Government of Manipur, have filed their affidavit dated 29.01.2025 and it is stated that the Manipuri Pony was declared as an endangered breed in the year 2013; it is one of the five recognized equine breeds of India which is very important and critical for the State of Manipur as well as the country as a national gene pool. It is stated that the State 4 Government recognizes that the Manipuri Pony has been indispensable to Manipuri society for its socio-cultural association for centuries. It is stated that the State of Manipur has recognized the need for the conservation and development of the Manipuri Pony by framing the Manipuri Pony Conservation and Development Policy, 2016.

5. It is also stated that the Manipuri Pony was so highly regarded that it was never used as a draught animal and it is regarded as the original polo pony as modern polo is derived from the traditional Sagol Kangjei of Manipur. It is stated that the Manipuri ponies in Manipur are domesticated and are in the care of individual owners/Polo Clubs/Associations and the primary responsibility of rearing ponies lies with the individual owners of the ponies, Polo Clubs and Associations, though the State is providing assistance in terms of the State Policy, 2016.

6. In the affidavit, it is further stated that in pursuance of the provisions of the Manipuri Pony Conservation and Development Policy, 2016, a Manipur Pony Development Board has been constituted by the State Government which comprises of the following Members.

1 Hon'ble Chief Minister, Manipur Chairperson 2 Hon'ble Minister (Vety. & A.H.), Manipur Vice Chairperson 3 Administrative Secretary (Vety. & A.H.), Member Secretary Manipur 4 Commissioner (Revenue) Member 5 Director General of Police Member 6 Principal Chief Conservator (Forest & Member Environment) 7 Director (Vety. & A.H.) Member 8 Director (Tourism) Member 5 9 Director (Youth Affairs & Sports) Member 10 Director (Agriculture) Member 11 Director (Horti & Soil Conservation) Member 12 Head of Department, Animal Science, College of Agriculture, CAU, Imphal 13 President, Manipur Horse Riding and Polo Member Association 14 President, All Manipur Polo Association Member 15 President, Manipur Pony Association Member

7. It is also stated that the Government has constructed a Pony Breeding Farm at Pangei, Sawombung Block in an area of 23.33 acres with proper compound walls, Pony Sheds and Office Quarters.

8. It is further stated that a Consultative Meeting with regard to "Status of Sustainable Conservation of Manipuri Pony" was organized by the Government in association with the Manipuri Pony Society, stakeholders, representatives from different Polo Clubs, Pony owners etc. on 21.05.2024 to deliberate the challenges of rearing ponies in Manipur and solutions for the same. It is stated that the Interim Coordinating Committee, Committee of Identification of Pony Reserves and Polo Grounds with Organizational Structure and Committee on Pony Registration and Financial Implication of Pony Conservation have also been constituted as per the decision of the Consultative Meeting held on 21.05.2024.

9. It is further stated that the Government of Manipur vide its letter dated 16.01.2025 has conveyed approval for registration of Manipuri Ponies which will help the State in monitoring the welfare of the ponies and also for planning further steps to be taken by the State; the Government of Manipur vide its letter dated 19.09.2024 6 has also approved the establishment/construction of Pony/Horse Riding School in the State.

10. In the affidavit, it is also stated that an amount of Rs.3,04,03,000/-

(Rupees Three Crore Four Lakh Three Thousand only) has been allotted under the Pony Development in the Budget Estimates of 2024-25 which is as under:-

      Sl.                Name of Scheme                        Amount (in lakhs)
      No.
      1     Regional Pony Development                               104.03
      2     Manipur Pony Preservation & Development                 150.00
            Policy
      3     Manipur Pony Preservation & Development                 50.00
            Policy (Building and Structures)
                                                       Total        304.03



11. With regard to the allegation in the newspaper as noted by the Tribunal in its order dated 02.07.2025, it is stated that the Government of Manipur has formulated the Manipur Water Supply Project to mitigate the pressing issue of inadequate clean drinking water supply within the State of Manipur through constructing/upgrading of drinking water supply.

12. The allegation that 10 ponies died due to being stuck in mud has been completely denied. It is stated that the rumour also relates back to another news article alleging that 30 ponies died as they were stuck in mud, published in a local newspaper known as "Sanaleibak" on 21.05.2024. It is stated that the Government of Manipur took serious note of the allegation and an immediate enquiry was conducted along with the official team of Manipur Horse Riding and Polo Association upon which the news was found to be false and subsequently the editor of the same paper published 7 an apology note on 23.05.2024 stating that the news article published on 21.05.2024 was incorrect. It is also stated that the Water Resources Department has not received any such complaint from Pony farmers or caretakers regarding any deaths of ponies.

13. It is also stated that the Manipur Water Supply Project, also referred to as the Project, is not related or responsible for the issue of stray ponies. It is stated that the responsibility for providing sufficient food, water and shelter to domesticated ponies lies exclusively with the respective owners of the ponies, Polo Clubs and Associations, though the State provides assistance in terms of the State Policy, 2016. It is also stated that Section 11(h) of the Prevention of Cruelty to Animals Act, 1960, provides that if the owner of any animal fails to provide it with sufficient food, drink or shelter, then it amounts to cruelty to the animal and he is liable for punishment for the same.

14. Along with the affidavit, an Investigation Report of the Committee on Identification of Pony Reserves, Polo Grounds and Organizational Structure' on 25th and 26th July, 2024, has been filed as Annexure-R5 which reads as under.

"Investigation Report of the Committee on Identification of Pony Reserves, Polo Grounds and Organizational Structure' on 25th and 26th July, 2024.
Abstract:
The investigative survey on various location in various districts of Manipur for Pony Reserves, Polo Grounds and Organizational Structure' from 25th and 26th July, 2024 was undertaken to re-chart and accumulate more information on natural habitat for Manipur Pony, the only equine species dwindling its existence in semi-feral state in Manipur. The survey also investigates possible spots from the ones that have been existing in its natural setting and as the follow 8 up a preliminary survey undertaken then in Nove. 2022 with the same purpose by the Department of Veterinary & Animal Husbandry, Govt. of Manipur. Accounting of the then existing number of Kangjeibung (Polo ground), which has been drastically reduced. Accounts of organizational structure and functional patterns of the then existing polo clubs and players in Manipur were recorded during this exercise under report.
Introduction The survey was intended to chart and measure major pony habitats and grazing pastures and meadows since the time immemorial and that do still exist today in its natural environment in the piedmont, plain, and wetlands of the Manipur Valley. The date of survey was 25th and 26th July, 2024 covering Imphal East, West, Thoubal, and Bishenpur districts of Manipur, especially in the valley region where pony are abundant.
Instruments use;
1. Garmin, Etrex-30, Global Positioning System (GPS) for measuring the geo-co-ordinates of the proposed sites under consideration.
2. Cannon EOS-1500 D for surface records.
3. Drone Camera DJI Mavic Air 2S megapixel for aerial still and video photography.
4. Nikon Z6 surface photograph.

Technique use; Geographical Information System (GIS) tools embedded with Google Earth Professional 3D Map for measurements and calculation of altitude, covered area on the land surface.

Survey Sites with date.

25/07/2024-Imphal East, Imphal West and Bishenpur districts, Locations at: (Yaral-Pat, Sangsabi, Yangoi Karak, Moirang Thoya/Thana Leikai, Kumbi Kangjeibung, Haotak Tampak.) 26/07/2024-Thoubal & Kakching Districts, location at: (Waithou, Andro-Khunou, Heiroklen, Mangtrok Pasture, Tentha Kangjeibung, Tekcham Kangjeibung, Buffalo Breeding Farm, Keirak Wabagai, Khoidum Pat, Palli Kangjeibung, Wabagai/Kharungpat.

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Fig.1. Group photograph of officials and local volunteers on 25th July, 2024 at Kumbi Kangjeibung.

Availability of grasses and herbs and forages type in the survey areas.

A. Dry foothills & Valley types Pasture and meadows in piedmont (foothill) region were abundantly grown with grasses as fodder and herbs. Fodder like Tingthou/Tingoi (Cynodondactylon), Whoop (Leerxiahexandra), Pongfal Napl with common name Goosegrass,Paragrass, Urochloamutica, commonly known as Buffalo Grass also, [Khongjai Napi] Ageratum conyzoides. Family: Asteraceae, common name: Goat Weed. Another weed with local name:

Centellasiatica [Peruk] as local name and [Pakhangba Leiton] Euphobia hirta of the Family: Euphorbiaceae, common name:
Garden spurge, asthma weed were found growing in the landscape.
B. Wetland & marsh types Kabo Napi as local name Alternanthera philoxeroidesor common name Alligator Weed and Portulacaoleracea Family: Portulacaceae common name: Common Purslane, Local name: Leipakkundo. Esingkambong (Zizanialatifolia (Griseb) or these wild rice can be grown for forage crops in the prevailing inundated swampy lowlands at the foothills.
The State of Manipur, India had an abundance of open grazing fields and lakes. Even in the central Imphal area, several dried lakes like 10 Lamphelpat, Takyelpat and Porompat were bountiful with healthy ponies. However, due to urbanization and their habitation having been forfeited by the encroaching human hordes, the ponies are fighting the last ditch for their survival in the lanes and streets of the state. Nowe, the maimed and diseased ponies at the street corners are not only a pitiable sight but also a traffic and health hazard.
The breed is important and critical for the state as well as the part of the national gene pool. (Govt. of Manipur, 2006). The population of highly valued breed of Manipur pony is dwindling rapidly recent times from 1898 nos. of ponies in 17th livestock census 2003 to only 1089 nos. in the 20th livestock census 2019.
1. Yaral-pat.

Location: Latn24 degree 49 minutes 14.6 seconds; Long "94 degree 00 min. 32.8 second Perimeter-4.25 km Area-249 Acres/99.59 Pari Altitude-780 MSL+-3 metres Horse feeds: Dry foothills and valley fodders and that of wetland grasses are found in the location.

Fig 2. Yaral-pat wetland

2. Sangsabi, Takhel, Imphal East Location.: 24 degree 49 min., 48.7 seconds, N. Latitude, 94 degree 01 min., 09.5 second, E. Longitude. Altitude-781 msl+- 4 metres.

Perimeter-6.66 km Area 263 acres/105.2 Pari (Manipuri unit) 11 The second location was just beyond the hill range in Northeast direction of Yaral-pat, the first visited site beyond the inter village road which acts as the pass with within Chingkhel Ching hillock. Mix vegetation terrain with natural fodder in eastern foothill region of Chingkhei-Ching with a seasonal? Lake and a head stream within drainage basin/catchment area of hilly stream supplying water as tributary into the Iril River. Vegetation types of wetland as well as undulating foothill meadows grassland were observed.

Foothill spring is observed as possible source of ground water at the observed co-ordinate.

3. Yangoi Karong Mapal, Toubul-Mayang Imphal.

Location with geo-coordinates 24°36'41.01N. Latitude & 93°48'47.40" E. Longitude Area was not fully specified. The 12 landscape happens to be natural levees of Nambul and Nambol and the two rivers confluent in this location. The proposed areas happen to be filled-up inter village road within the northern shore and marsh of Loktak wetland, having meagre amount of habitable space to graze and survive by ponies, as observed.

Fig.7, Satellite Imagery of Yangoi Thong (Bridge at Yangoi Karong at the northern most appex of Loktak.

Fig.8-9. Confluence of Nambul Rivers at Yangoi Karong Fig.10, proposed site for reservealong the natural levee of Yangoi Maril flowing into Logtak wetland after it confluent with Yangoi Macha (Nambol River) Perimeter: 6.53 km Area: 35.2 acres/14.07 Pari 13 Fig.11 Tangible land for pony reserve with white boundaries of polyline/polygon of GIS tools.

Fodder/forage both dry type A& wet B as mentioned above.

4. Moirang Thoya Lalkal (Thana) Location 24 degree 29. Min. 40.7 Sec. N. 93 degree 47 min. 71.6 seconds Longitude.

Erimeter 6.1 km Area: 326 acres/130.39 Pari Fig. 12, 13 Fishery farm Thana Leikai Moirang.

Fig.14, Fodder & feeds Type B wetland grasses and weeds only.

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5. Kumbi Kangjeibung Perimeter-0.91 km Area: 9.71 acres/3.88 Pari Grass Type Tingthou/Tingoi and Lotus plants

6. Haotak Pat, Fishery farm.

Fig.18 Space imagery of Haotak and area covered by Govt. Fishery Farm.

15

Fig.19&20, Haotak Government fishery farm as viewed from Haotak hillock looking towards the south.

Grasses type A and B abundant.

Perimeter 2.99 km.

Area: 123 acres/Pari 49.19 Land use Classification: Govt. landholding

7. Waithou The co-ordinate to survey site at Waithou-pat Fig.3 with is 24°40'17.1" North, Latitude, 93°57'33.1' East Longitude. Altitude from Mean Seal level is 778+_2 metres. The proposed area of wetland is marshy waterlogged which covers 5.91 square km in perimeter length enclosing an area of 244 acres/97.59 Pari (Manipuri unit) by Geographical Information System (GIS). As covered area was not fully define for traversing and it was not done.

Fig.22. Waithou Fig.23. Proposed area for reserve

8. Heiroklen.

Fig.24 Heiroklen an inter-montane valley 16 Having Perimeter of 3.96 Km Area enclosing 69.9 acres/27.95 Pari.

It is valley located between two parallel branches of Kamuching. About 3 kilometers running North of Tolongthel, Androkhunou within the undulating valley. The grasses that dominates is of dry piedmont type A as mentioned above.

9. Mangtrok: pastures and meadows Fig.25 Mangtrok is 5 km from Tolongthel, Andro Khunou, an ideal pasture for grazing available with type A, hilly grasses and herbs.

Perimeter 3.82 km Area: 37.2 acre/14.87 pari

10. Tentha Kangjeibung The existing polo ground of Tentha Village Fig. 4 while traversing with GPS as mentioned above starting from the westernmost geo- co-ordinate covering Fig.5 station (1) 93°59'35.7" East, Longitude running south on the same latitudinal extent towards the Western periphery toward location station (2) reading 24°35'03.9" N, 93°59'37.9"E. The south eastern corner No.(3) reads 24°35'05.1" N & 93°59"42.3' E. the last waypoint of the field under survey was at the corner in the traverse i.e., NE corner No./station (4) Reads 24°35'09.8" N & 93°59'42.1". The average height of the ground above MSL is 764 meter +_3m. The perimeter Fig.6, runs 0.81 km. in length at the periphery, covering an area of 9.24 acres.

17

Fig.27. Survey plan point pointpositioning (Absolute) of GPS survey.

Fig.28. Tentha Polo ground.

11. Tekcham The existing polo ground of Tekcham while traversing with Extrex-30, GPS (Global Positioning System) as mentioned above the four corner of the existing ground 1-4.

(1) Coordinate 24°33',17.5" N & 93°59',58'3" E' (2) Coordinate 24°33',19.8" N & 93°59',58'4" E' (3) Coordinate 24°33',20.1" N & 94°00'09'4" E' (4) Coordinate 24°33',17.1" N & 94°00'08'7" E' The average height of the ground above MSL is 777 meter.
18

Perimeter runs 0.79 km. in length Fig 10 covering an area of 7.01 acres with Garmin GPS starting from point positioning coordinates 1 to 4 with readings above.

Fig 31. Survey team members & local (2022) Fig 32. Survey team with members of Tekcham polo club. (2022) Fig. 33. Tekcham Polo Ground. (2022) GIS polygon measurement of enclosed area.

Fig.34. Tekcham Kangjeibung (2024)

12. Buffalo Farm (Vet & Animal Husbandry) Keirak.

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Fig.35 Keirak Buffalo Farm.

The buffalo farm is in mix topography of hill slope and the wetland of Ikop pat. Coordinates. 24 degree 32 min. 19.43 seconds N Latitude, 93 degree 57 minutes 45.46 seconds at east longitude. Having circumference with running length of 3.62 kilometers and covering an area of 65.99 Pari or 165 acres.

13. Wabagai Keirak (Eche Chaobi Manak) The co-ordinate of survey site at Wabagai Keirak village is 24°30'41.03" N, 93°57'36.8" E. The proposed area Fig 11 to 12 covers 0.50 km. in perimeter and enclosing an area of 3.0 acres by Geographical Information System (GIS) embedded with Google Earth professional 3D Map. As covered areas not fully define traversing was not done.

Fig. (36-37) Wabagai-Keirak Polo Ground.

14. Hiyanglam (Northern Boundary of Pole Star College) 20 The co-ordinate of survey site at hiyanglam Fig.38 neighbouring Polestar college on the southern boundary covers an area of 0.69 km. in perimeter in length and enclosing an area of 406 acres by Geographical Information System (GIS) embedded with Google Earth Profession 3D Map. The covered area was not fully define traversing was not done.

Fig.38 Polestar college Wabagai-Hiyanglam.

15. Khoidumpat.

The proposed site see Fig. 36 was the natural levee of stream feeding into the wetland of Khoidumpat with limited dry grazing ground with a few raised isolated mounds here and there. This intended site may not be a suitable grazing habitat for the pony to survive in the reserve with possible problem of season inundation during the precipitous monsoon seasons. Latn 24°31'18.5" N. Longn 93°54" 50.21". Areas not specified being a marshy wetland.

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16. Joyloukon (Kharungpat) The proposed area is marshy grassland the uncultivated barren area covers 1.99 km in perimeter and an area of 59.6 acres/23.83 Pari while traversing with Gramin GPS etrex-30 as mentioned below. This site needs consideration for flooding events in the record of the past.

(1) Coordinate 24°32'27.04" N., & 93°54',56.17" E. (2) Coordinate 24°32'25.97" N., & 93°55',08.91" E. (3) Coordinate 24°32'35.26" N., & 93°55',09.77" E. (4) Coordinate 24°32'42.87" N., & 93°55',14.23" E. (5) Coordinate 24°32'45.65" N., & 93°55',05.78" E. (6) Coordinate 24°32'43.40" N., & 93°54',55.46" E. Fig.41 Joyloukon (Kharungpat). Paranomic view (Hiyanglam-Wabagai).

Fig.42. Joyloukon (Hiyanglam) Aerial Sat. view with GIS measurement on polyline, polygon."

15. In view of the stand taken by the Government of Manipur, we are of the view that nothing further remains for adjudication in the present Original Application and the same is accordingly dismissed.

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16. I.As. if any, stand disposed of accordingly.

17. There shall be no order as to costs.

..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM January 31, 2025, Original Application No.153/2024/EZ (Earlier O.A. No.716/2024/PB) AK 23