National Green Tribunal
Aamir Shaikh vs Haji Ali Dargah Trust on 25 August, 2022
Item No. 6 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 11/2018(WZ)
Amir Shaikh & Ors.
.....Applicant(s)
Versus
Haji Ali Dargah Trust & Ors.
....Respondent(s)
Date of hearing: 25.08.2022
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant(s) : Mr. Akshay Desai h/f Mr. Asim Sarode, Advocate
Respondent : Ms. Dipali Chimane h/f Mr. S. K. Srivastava & Co.,
Advocate for R-1
Mr. Shaikh Mohd. Ahmed Taher, Administrative officer,
for R-1
Ms. Manasi Joshi, Advocate for R-2
Mr. Aniruddha S. Kulkarni, Advocate for R-3 & 4
Mr. Sameer Khale, Advocate for R-5
ORDER
1. Today from the side of Applicant- Mr. Akshay Desai holding brief of Mr. Asim Sarode, Learned Counsel has appeared and apprised that he is absent today because of the appearance in the Hon'ble Supreme Court. Basic query was made from the Applicant's Counsel regarding service affidavit having been filed before us or not, he could not even reply regarding that, it is very sorry state of affairs.
2. A perusal of the order sheets indicates that several times, directions were issued by this Tribunal to serve notices upon the Respondents but till date, no service affidavit has been filed. Therefore, last opportunity is given to the Applicant to file the same within a period Page 1 of 3 of 03 days, failing which, adverse order would be passed for non- compliance of the Tribunal's order.
3. From the side of Respondent No. 1- Ms. Dipali Chimane, Learned Counsel has appeared and filed today additional affidavit, showing the further steps which have been taken from her side. The same is taken on record. She has apprised that the samples from the STP outlet have been taken by them also and they are being got tested through private lab, therefore, permission may be given to file report thereof also. The said report may be filed within a period of 02 weeks.
4. From the side of Respondent No. 2- Ms. Manasi Joshi, Learned Counsel has appeared and apprised that reply affidavit has already been filed and seeks some more time to file additional reply because the samples of the outlet have been taken regarding which the report is awaited and as soon as the same is received, it would be filed alongwith additional reply. Accordingly, 03 weeks' time, as prayed, is allowed to file the same.
5. From the side of Respondent Nos. 3 & 4- Mr. Aniruddha S. Kulkarni, Learned Counsel has appeared and waived the notice and has assured that he would file reply affidavit within a period of 02 weeks.
6. From the side of Respondent No. 5- Mr. Sameer Khale, Learned Counsel has appeared and has already filed the reply affidavit. He also apprised that he is a member of this joint committee. He states that today additional affidavit has been filed from the side of Respondent No. 1. Copy of which has been provided to him just now, therefore, he may be allowed time to file its rebuttal. 02 weeks' time is allowed for the same.
7. None has appeared from the side of Respondent No. 6. Though Mr. Aniruddha S. Kulkarni, Learned Counsel has apprised that he will seek Page 2 of 3 instructions by the next date and if he is permitted, he would file reply affidavit within a period of 02 weeks.
8. The pleadings/report shall be exchanged among the parties so that no further adjournment would be required.
Put up this case for final hearing on 27.09.2022
9. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM August 25, 2022 Original Application No. 11/2018(WZ) P.Kr Page 3 of 3