National Green Tribunal
Baddam Raji Reddy vs Ministry Of Environment Forest And ... on 1 November, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.03:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.180 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Baddam Raji Reddy & Ors.
...Applicant(s)
Versus
Union of India and Ors.
...Respondent(s)
Date of hearing: 01.11.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): None appeared
For Respondent(s): Ms. Ojas Sivakumar for Mr. M. R. Gokul Krishnan
for R1
Ms. Renuga for Ms. Yasmeen Ali for R3, R6 to R8
Mr. Ramesh for R2, R4 & R5
ORDER
1. The above case has been posted to today for appearance of parties, filing independent response and also for consideration of report. It was originally posted to 30.09.2021 for this purpose. On 30.09.2021, it was adjourned to today by notification.
[1]
2. Service is complete.
3. 3rd respondent filed preliminary objections.
4. Learned Counsel appearing for the respondents 2,4 and 5 submitted that the report is ready but they want to file the report in person before the Tribunal directly. It may be mentioned here that there is a procedure for filing documents and the persons who want to file documents are directed to e-file the documents and whatever be the nature of document they are filing, that procedure cannot be deviated. When this was pointed out, the Learned Counsel appearing for the respondents 2, 4 and 5 submitted that they will e-file the document today.
5. Further, there is no absolute or qualified privilege available for the document as it is only a report called for regarding the violations, if any on the environmental laws said to have been committed by the State of Telengana in carrying out the project. So, it is not necessary to file the report in a sealed cover to be seen by the Tribunal alone as the parties must be given an opportunity to file their objections to the report submitted by the Joint Committee and without considering the objections, the same cannot be considered or relied on by the Tribunal as well. So, the Joint Committee is directed to e-file the report as per rules.
6. Parties, who have not filed their statements are also directed to file their statement and the parties are at liberty to file objection to the Joint Committee report, if any, filed as per rules with the copy to the Learned [2] Counsel for the other respondents and the applicant.
7. They are directed to produce the report and complete the pleadings on or before 25.11.2021 by e-filling in the form of searchable PDF/OCR supportable PDF and not in the form of image PDF along with necessary hardcopies to be produced as per Rules.
8. The Registry is directed to communicate this order to the members of the Committee as well as official respondents by e-mail immediately for their information and compliance of the direction.
9. For completion of pleadings and consideration of report, post on 25.11.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No. 180/2021(SZ) 1st November, 2021. (AM) [3]