National Green Tribunal
Goa Paryavaran Savrakshan Sangharsh ... vs M/S. Govia Resorts Pvt. Ltd/ Govia ... on 22 August, 2022
Item No. 5 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 03/2018(WZ)
Goa Paryavaran Savrakshan Sangharsh Samitee
.....Applicant(s)
Versus
M/s Govia Resorts Pvt. Ltd. & Ors.
....Respondent(s)
Date of hearing: 22.08.2022
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant(s) : None appeared.
Respondent : Mr. Shivshankar Swaminathan, Advocate for R-1
Mrs. Fawia Mesquite, Advocate for R-2 to 4
ORDER
1. None has appeared from the side of Applicant.
2. From the side of Respondent No. 1-Mr. Shivshankar Swaminathan, Learned Counsel has appeared and apprised that he has filed reply affidavit.
3. From the side of Respondent Nos. 2 & 3- Mrs. Fawia Mesquite, Learned Counsel has appeared and apprised that reply affidavit has already been filed but the same does not contain para-wise reply to the application moved by the Applicant which is objectionable. When enquired as to why in the reply affidavit, para-wise reply has not been given, it is apprised by her that the application's copy could be received by her 10 days' ago but she could not explain any reason why the para- wise reply affidavit could not be given by her, therefore, last chance is Page 1 of 3 given to her to submit parawise reply within a period of 02 weeks and no more.
4. Mrs. Fawia Mesquite, Learned Counsel has further stated that she also represented Respondent No. 4 but no reply is needed because the said party is a formal party.
5. We find that in para no. 3 of the application that there are number of structures which are stated to be illegally constructed by the Respondent No. 1 which according to the Respondent No. 3, is not there in existence rather it was stated that the applicant is a professional litigant who keeps filing such kind of applications without specifying the exact illegal constructions.
6. We are not impressed by the oral submissions made by the Learned Counsel for Respondent No. 3.
7. We deem it just and proper to constitute a Committee comprising:-
(i) One Member from the Central Pollution Control Board (CPCB)
(ii) One Member from the Maharashtra State Pollution Control Board (MPCB) and
(iii) One Member from the Goa Coastal Zone Management Authority(GCZMA)
8. The said Committee shall visit the spot after informing the Applicant as well as the Respondent No. 1 and conduct the inspection, in order to ascertain the factual condition on the spot with respect to the illegal construction and submit its report within a period of 03 (three) weeks from now.
Page 2 of 3
9. The Maharashtra Pollution Control Board (MPCB) will be the nodal agency for coordination and logistic support.
10. The report in the matter be filed by the Committee by e-mail at ngt- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
11. Applicant is directed to supply the required documents and copy of the application to the members of the Committee within three days from today.
Put up this case on 11-10-2022
12. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM August 22, 2022 Original Application No. 03/2018(WZ) P.Kr Page 3 of 3