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National Green Tribunal

Mr. Shankar Raghumal Rohida vs The Principal Secretary Environment ... on 9 November, 2016

  BEFORE THE NATIONAL GREEN TRIBUNAL, WESTERN ZONE
                    BENCH, PUNE

                              Appeal No.66/2016 (WZ)


In the matter of:-

     Mr. Shankar Raghumal Rohida Vs. The Principal Secretary, Environment
                           Departments & Others



CORAM: HON'BLE MR JUSTICE U. D. SALVI, JUDICIAL MEMBER
       HON'BLE DR. AJAY A. DESHPANDE, EXPERT MEMBER

Present:     Applicant/Appellant       : Mr. Shriram P. Pingle, Adv.
             Respondent No.1 to 3, 5   : Ms. Shrilekha P. Golekar, Adv.

Respondent No.4 & 6 : Mr. Prashant P. More, Adv. Respondent No.7 : Mr. Makrand Rodge, Adv. h/f Mr. Sameer Khale, Adv.

Respondent No.8 : Ms. S.B.Vaidya-Pandit, Law Officer Respondent No.10 : None gave appearance Respondent No.11 : Mrs. Fawia M. Mesquita, Adv.

Date and Orders of the Tribunal Remarks Item No.6 We have before us learned Counsel appearing on behalf of 9th November, Respondent Nos.1, 2, 3, 4, 5, 6, 7, 8, 10, 11 and 12.

Order No.2 Respondent No.11 has filed Affidavit of compliance of our Order dated 4th October, 2016 which reveals that the Notice declaring to the public at large about pendency of this Appeal as well as the order declaring the construction/development to be subject to final outcome of this Appeal has been published in Daily Sakal issue dated 8th October, 2016. Learned Counsel appearing on behalf of Respondent No.11 on instructions from Mr. Hemant Ashar Partner of M/s. Atharv Homes LLP submits that the Respondent No.11 has no website of its own. Let the Notice be displayed on the board fairly visible at the construction site.

We made query to the Appellant as to why the Principal Secretary, Environment Department - Respondent No.5 herein is proceeded against in his personal name. Learned Counsel appearing on behalf of the Appellant submits that the Respondent No.5 has been proceeded against in the personal name for the reason of his involvement in the issuance of EC in the instant case and he will be making necessary amendment application seeking relief against Mr. Item No.6 Satish M. Gavai, Principal Secretary, Environment Department in 9th November, person in the present Appeal. Let such application be moved before 2016 Order No.2 we deal with this matter any further.

At this stage, we notice that Mr. Hemant Asher, Partner of Respondent No.11- M/s. Atharv Homes LLP present before us is recording the proceeding by making outgoing call to the Proprietor of Respondent No.10 Mr. Vishwas Choudhary. We deprecate such practice in the judicial proceedings. We, therefore, do not approve such conduct and have a feeling that Respondent No.11 has little faith in us. We, therefore, recuse ourselves from this proceeding. Let this order be placed before the Hon'ble Chairperson for appropriate orders.

List this case on 9th December, 2016.

........................................., JM (Justice U. D. Salvi) ........................................., EM (Dr. Ajay A. Deshpande) mk