National Green Tribunal
Shashikant Vitthal Kamble vs Ministry Of Environment And Forest And ... on 16 March, 2023
Item No.05 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
ORIGINAL APPLICATION NO.105 OF 2021 (WZ)
Shashikant Vitthal Kamble .... Applicant
Versus
MoEF&CC & Ors. ....Respondents
Date of hearing : 16.03.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Viraj U. Pawar, Advocate
Respondents : Mr. Rahul Garg, Advocate for R-1 and R-11 to R-13
Mr. Aniruddha Kulkarni, Advocate for R-3 to R-6
Ms. Manasi Joshi, Advocate for R-7 and R-8
ORDER
1. From the side of the applicant, learned Counsel Mr. Viraj U. Pawar has appeared.
2. As per our previous order dated 25.11.2022, the learned counsel for the applicant was directed to serve a copy of the Original Application upon respondent No.1 - MoEF and respondent Nos. 11 to 13, who are being represented by learned counsel Mr. Rahul Garg, but the said copy has not been provided till date. We do not find any justification for the same. However, in the interest of justice, we grant last opportunity to the applicant to serve copy of the Original Application to respondent Nos.1 and 11 to 13 within a period of two weeks and the respondents shall file their reply-affidavit within two weeks thereafter.
3. From the side of respondent No.3 - CPCB, respondent No.4 - Environment Department, Maharashtra, respondent NO. 5 - SEIAA and respondent No. 6 - SEAC, learned counsel Mr. Aniruddha Kulkarni has [NPJ] Page 1 of 2 appeared. By our earlier order, we had granted two weeks' time to file the reply-affidavit. He could not file the same, nor any satisfactory reason therefor has been given by him. By way of last opportunity, we grant him two weeks' time to file the same. Thereafter, the matter would be proceeded further for hearing without the reply-affidavit by respondent Nos.3, 4, 5 and 6.
4. From the side of respondent Nos.7 and 8 - MPCB, learned counsel Ms. Manasi Joshi has appeared and states that the reply-affidavit has been filed.
5. From the side of respondent Nos.11 to 13, learned counsel Mr. Rahul Garg has appeared and states that written submissions dated 15.03.2023 have been filed and it is prayed that these submissions may be treated as part of pleadings of respondent Nos.11 to 13. Copy of the said written submissions has been served upon other sides, who may file reply thereto within two weeks.
6. None appears for respondent Nos.2, 10 and 14. The matter has already been directed to be proceeded ex parte against these respondents.
7. It appears from the track consignment that the weight of the consignment shown is just 10 grams, which appears that only notice has been sent and not copy of the Original Application, which is objectionable. Therefore, the learned counsel for the applicant is directed to serve copy of the Original Application on all the respondents.
8. Put up this matter on 09.05.2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM March 16, 2023 O.A. No.105 OF 2021 (WZ) npj [NPJ] Page 2 of 2