National Green Tribunal
Vinay Shivanand Naik vs State Of Karnataka Dept. Of Transport ... on 16 August, 2016
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application No. 183 of 2016 (SZ)
Applicant(s) Vs. Respondent(s)
Shri Vinay Shivanand Naik, State of Karnataka,
Mathikere, Karnataka. Through the Department of
Transport, Rep. by its
Chief Secretary, Bengaluru
and 5 others.
.
Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. Rohini Ravikumar, Mr.Devaraj Ashok for R1 to R3, R5 and R6 Manu Kulkarni, Parimalam, Mahesh Kumar, Balaji and Narashima Varman.
Note of the Registry Orders of the Tribunal Order No. 1 Date: 16th August, 2016
We have heard the learned counsel for the applicant. The averments are looked into along with the materials available. The Tribunal is satisfied that there exists a substantial question connected to and concerned with environment and ecology to be decided by the Tribunal. Hence, the application is admitted.
The matter was originally filed before the High Court of Karnataka at Bengaluru and the Division Bench of the said High Court in its order dated 05.05.2016, has passed an interim order, which is as follows:
"Insofar as the Bangalore Metropolitan Transport Corporation (BMTC) is concerned, it transpires that it is negotiating the purchase of numerous Diesel Engine buses.
Before finalising any such purchase, the BMTC shall take this Court into confidence."
By a subsequent order dated 22.07.2016, the Bench has directed the applicant to move the NGT within a period of two weeks by extending the interim order till then. Accordingly, this application has been filed.
In view of the fact that when the matter was pending before the Hon'ble High Court of Karnataka, there was an interim order as elicited above and accordingly, there will be an interim order in the above said terms.
The learned counsel for the applicant submits that by a subsequent direction, the Hon'ble High Court of Karnataka has directed BMTC to secure 10 Diesel Buses.
Mr.Devaraj Ashok, the learned counsel undertakes to file memo of appearance for the respondents 1 to 3, 5 and 6. Notice is ordered to the 4th respondent. Private notice is also permitted. For filing memo of appearance of the respondents 1 to 3, 5 and 6, reply and appearance of the 4 th respondent, post the matter on 15.09.2016.
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. .........................................J.M. (Justice Dr. P. Jyothimani) ...........................................E.M. (Shri P.S.Rao)