National Green Tribunal
Vipin Nayyar vs Union Of India on 9 May, 2025
Item No. 01 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 463/2022
(I.A No. 360/2024)
Vipin Nayyar Applicant
Versus
Union of India & Ors. Respondents
Date of hearing: 09.05.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicants: None for the Applicant.
Respondents: Mr. Somesh Chandra and Ms. Saumya Dwivedi, Advocates for
respondent no. 1.
Mr. Gi. Gi. C. George and Mr. Sunil Kumar, Advocates for
respondent no. 2.
Mr. Deepak Bora and Mr. Sai Darshan Patra, Advocates for
respondents no. 3 and 5.
Mr. Mukesh Verma and Ms. Vatsala Tripathi, Advocates for
respondent no. 4 (through VC).
Mr. Vinay Garg, Advocate for respondent no. 5.
Mr. Shashank Rai and Ms. Anushi Agrawal, Advocates for
respondent no. 6.
Mr. Aditya Pratap Singh, Advocate for respondent no. 7 (through
VC).
ORDER
1. Rejoinder affidavit dated 21.04.2025 to reply filed by Respondent No. 7 has been filed by the applicant.
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2. Learned counsel for Respondent No. 7 has objected to allegations made in the rejoinder affidavit against Respondent No. 7 as well as co- counsel for Respondent No. 7.
3. We have observed that in the rejoinder affidavit, the applicant has made allegations regarding institution of false and fabricated rape case against him but this Tribunal is not concerned with said allegations which have to be adjudicated upon by the concerned Criminal Court.
4. However, the applicant has also made allegations that Respondents No. 6 and 7 and their Advocate Kshitish Gopal Kalra are continuously extending threats to the applicant and his family and have threatened to make an acid attack on the applicant's daughter. We are concerned with these allegations as this Tribunal, being under statutory obligation to protect and improve the environment, has the consequential obligation to extend protection also to the persons who approach this Tribunal with complaints of environmental violations against any act of criminal intimidation intended to coerce them to submission and to compel them to withdraw or give up their complaints. Therefore, the District Magistrate, Dehradun and the Senior Superintendent of Police, Dehradun are directed to look into the allegations made by the applicant and also to ensure that requisite protection is provided to him as may be considered to be necessary.
5. Applicant has not appeared today and therefore we grant another opportunity to the applicant for appearing before this Tribunal.
6. Learned counsel for Respondent No. 7 has submitted that the proprietor of Respondent No. 7- Mr. Nitin Dev has died and he seeks time to implead his legal representatives.
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7. Application for impleading legal representatives of Respondent No. 7- Mr. Nitin Dev may be filed within one month with advance copies to the applicant and other respondents.
8. On filing of such application, replies to the said application may be filed by the applicant and other respondents, if so desired, within next 15 days.
9. List on for final hearing on 25.07.2025.
10. The applicant be informed about the date of hearing fixed and V.C link be sent to him for appearance through V.C. on that date.
11. A copy of this order be sent to the District Magistrate, Dehradun and the Senior Superintendent of Police, Dehradun by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 09th, 2025 Original Application No. 463/2022 (I.A No. 360/2024) AB 3