National Green Tribunal
Sunit Kumar Mallick Chowdhury. Son Of ... vs The State Of West Bengal Service Through ... on 23 April, 2018
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BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
O.A. No. 25/2016/EZ
&
MA. 12/2018/EZ with M.A.13/2018/EZ
SUNIT KUMAR MALLICK CHOWDHURY
VS
STATE OF WEST BENGAL & ORS
CORAM: Hon'ble Mr. Justice S.P.Wangdi, Judicial Member
Hon'ble Dr. Nagin Nanda, Expert Member
PRESENT: Applicant : Mr. Rabi Sankar Chattopadhyay, Advocate
Mr. Suman Sarkar, Advocate
Mr. Santanu Maji, Advocate
Mr. Rajashi Dutta, Advocate
Mr. V.V.V.Sashtri, Advocate
Respondent No.1- 4 : Mr. Bikas Kargupta, Advocate
Respondent Nos. 5 & 6 : Mr. Dipanjan Ghosh, Advocate
Respondent No. 7 : Mr. Alok Kumar Ghosh, Advocate
Mr. Sibojyoti Chakraborti, Advocate
Respondents 14 & 15 : Mr. A. Suresh, Sr. Advocate
Respondent No. 24 : Ms. Saheli Sen, Advocate
Ms. Sushmita Ghose, Advocate
Other Respondents : None
Orders of the Tribunal
Date & Remarks
Item No. 7
23rd April, 2018.
M.A. 12/2018/EZ :
By filing this MA, the applicant in the OA, prays
for revival of the orders dated 12.7.2016 and 20.7.2016
passed in the OA by which direction to maintain status
quo had been passed against the respondents.
Ld. Counsel for the private respondents submits that
although they were served with a copy of the MA in
February 2018, reply was not filed as an application had
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been preferred for transfer of the case to the Principal
Bench as this Bench was non-functional at that time. It
is stated that although the application was taken up by
the Principal Bench on 16.4.2018 but no order has been
passed directing transfer of the case.
The fact that the application for transfer has not
yet been disposed of by the Principal Bench and the
original records are still in this Zonal Bench would
indicate that the application for transfer has not yet
been disposed of and the matter continues to remain in
the list of this Bench.
The Respondents are granted an opportunity to
file response to the MA in the interest of justice.
However, in the meantime, the parties are directed to
maintain status quo until further orders.
Let the responses be filed before the next date
without fail with advance copies on the other side.
List on 23.5.2018.
M.A. 13/2018/EZ :
This MA has been filed by the Respondent No. 14
seeking for recall of the order dated 11.12.2017 on the
grounds stated in the application.
By order dated 11.12.2017 the order of dismissal
of the OA for default was recalled and set aside and the
OA was restored to its file and number.
At the outset, Ld. counsel for the applicant in
the MA prays for an adjournment on the ground of
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inability of Mr. Pramit Kr. Roy, Ld. Sr. Counsel who is
leading him, to be present today due to his
indisposition. We, however, do not find it necessary to
adjourn the matter considering the limited question
raised in the MA.
The only ground raised seeking recall of order dated
11.12.2017 is a purely technical plea being that the
order having been passed by a Single Member Bench
would be a nullity and non-est.
We have considered the application. Since the
Bench is now fully constituted and the OA and the MA
are being heard, the order dated 11.12.2017 stands
reiterated and confirmed. Resultantly, the order of
restoration passed by one of us (Justice S.P.Wangdi) on
11.12.2017 shall stand reiterated reviving the OA in
terms of the impugned order dated 11.12.2017.
MA 13 stands disposed of with this direction.
In so far as the maintainability of the OA in view of
the pendency of the two writ petitions before the
Hon'ble Calcutta High Court on the very questions
raised in the OA is concerned, we have already noted of
this fact in the order dated 11.12.2017 whereby
direction had been issued upon the private
respondents to file their affidavit-in-opposition to the
OA granting liberty to raise the question of its
maintainability.
Ms. Saheli Sen, Ld. Advocate appearing for
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the private respondent No. 24 prays that since she has
appeared for the first time, the applicant may be
directed to serve her a copy of the OA to Mr.
Chattopadhyay very fairly accedes to the request. He
shall ensure that copies of the OA and the MAs are
served to Ms. Sen within a week.
Reply filed by the applicant to the MA 13/2018/EZ
by Mr. Chattopadhyay be taken on record.
.........................................
Justice S.P.Wangdi, JM 23-04-2018 .....................................................
Dr. Nagin Nanda, EM 23-4-2018 Later Although this case has been fixed on 23.05.2018, let it be listed tomorrow i.e., 24.04.2018 for orders.
Registry to inform the parties.
......................................... Justice S.P.Wangdi, JM 23-04-2018 .....................................................
Dr. Nagin Nanda, EM 23-4-2018 5