National Green Tribunal
Natabara Sahu vs Union Of India And Others on 20 July, 2022
Item No. 07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.35/2022/EZ
(I.A. No.170/2022/EZ)
Natabara Sahu Applicant(s)
Versus
The Union of India & Ors. Respondent(s)
Date of hearing: 20.07.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Biranchi Narayan Mahapatra, Advocate (in Virtual Mode)
For Respondent(s) : Mr. Dipanjan Ghosh, Advocate for R-5,
Mr. Dheeraj Kumar Trivedi, ASG a/w
Ms. Amrita Pandey, Advocate for R-2 (in Virtual Mode),
Mr. Shakti Prasad Panda, AGA for State Respondents (in Virtual Mode)
Mr. Sibojyoti Chakraborty, Advocate for R-4 & 8,
Mr. Jagdish Biswal, Advocate for R-13 (in Virtual Mode)
ORDER
1. Mr. Biranchi Narayan Mahapatra, learned Counsel is present (in Virtual Mode) for the Applicant.
2. One affidavit dated 21.06.2022 has been filed by Respondent No.1, Ministry of Environment, Forests and Climate Change; the same is taken on record.
3. One affidavit dated 16.07.2022 has been filed by Respondent No.5, Odisha State Pollution Control Board; the same is taken on record.
4. One affidavit dated 20.07.2022 has been filed by Respondent Nos.4 & 8, Central Pollution Control Board; the same is taken on record.
5. Mr. Dipanjan Ghosh, learned Counsel files vakalatnama on behalf of the Respondent No.5, Odisha State Pollution Control Board; the same is taken on record. When the case is next listed the name of Mr. Dipanjan Ghosh shall be printed in the cause list as counsel for Respondent No.5.
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6. Mr. Sibojyoti Chakraborty, learned Counsel for Respondent Nos.4 & 8 states that he will be representing the Respondent Nos.4 & 8, Central Pollution Control Board and will file vakalatnama on the next date of listing.
7. Mr. Dheeraj Kumar Trivedi, learned Assistant Solicitor General assisted by Ms. Amrita Pandey, learned Counsel has filed letter dated 13.06.2022 issued by the Deputy Secretary, Government of India, Ministry of Women & Child Development. Paragraph-4 of this letter is self-contradictory in as much as in addition to praying that the said respondent may be deleted from the array of respondents and that he does not propose to file any para-wise reply to the OA, the said Respondent also craves leave of the Tribunal to reserve its right to file para-wise reply. The paragraph-4 of the letter reads as under:-
"4. Therefore, it is requested that the name of this Ministry (Being Respondent at S. No.2) may be got deleted from the array of Respondents. However, keeping in view the submissions made in para-2 above, the Ministry proposes not to file parawise reply for OA, however craves for a leave of this Hon'ble Tribunal to reserve their right to file detailed para wise reply, if occasion arises and or/so directed by this Hon'ble Tribunal for just and proper adjudication if the dispute involved in the matter. Further, the answering respondent vehemently denies all the averments and submission made by the petitioner in the instant O.A. which is against the interest of answering respondent."
8. Mr. Dheeraj Kumar Trivedi, learned Assistant Solicitor General shall file affidavit of the Respondent No.2 clearly clarifying their stand as to whether they propose to file para-wise reply or not to the OA.
9. Mr. Jagdish Biswal, learned Counsel for Respondent No.13, prays for and is granted four weeks time for filing counter-affidavit. 2
10. Mr. Biranchi Narayan Mahapatra, learned Counsel for the Applicant prays that this matter may be listed in first week of September.
11. As prayed, list on 01.09.2022.
I.A. No.170/2022/EZ: -
1. This interlocutory application has been filed by Respondent No.9. In the application the Respondent No.9, Collector-cum-District Magistrate, Ganjam, has prayed for six weeks time to file counter-
affidavit.
2. We grant Respondent No.9, Collector-cum-District Magistrate, Ganjam four weeks time for filing counter-affidavit.
3. In view of the above, the I.A. No.170/2022/EZ is disposed of.
..................................... B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM July 20, 2022, Original Application No.35/2022/EZ (I.A. No.170/2022/EZ) MN 3