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National Green Tribunal

Vinay Shivanand Naik vs State Of Karnataka Dept. Of Transport ... on 27 February, 2019

Author: K. Ramakrishnan

Bench: K. Ramakrishnan

Item No. 02

              BEFORE THE NATIONAL GREEN TRIBUNAL
                  PRINCIPAL BENCH, NEW DELHI
                      (Through Video Conferencing)

                    Original Application No. 176/2018
                           (M.A. No. 508/2018)
                     (Earlier O. A. No. 183/2016 (SZ)

Shri Vinay Shivanand Nayak                                        Applicant(s)

                                   Versus

State of Karnataka & Ors.                                       Respondent(s)


Date of hearing: 27.02.2019

CORAM:        HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
              HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
              HON'BLE DR. NAGIN NANDA, EXPERT MEMBER

For Applicant(s):           Mr. Manu Kulkarni, Mr. Saran Jain and Mr. Meka
                            Venkata Ramakrishna, Advocates

For Respondent (s):         Mr. Sarashwathy for MoEF (R-9)
                            Mr. Devraj Ashok, Advocate for State of Karnataka
                            Mr. P.D. Surana, Mr. R.S. Hegde, Mrs. Farhat Jahan
                            Rehmani and Mr. T. Venkatesh, Advocates for R-3,
                            BMTC
                            Mr. Azmat H. Amanullah, Advocate for R-7, Gail
                            India Ltd.
                            Mr. Kartik Seth and Mr. Anubhav Anand Pandey,
                            Advocates for R-11

                                        ORDER

1. Referring to order dated 26.09.2018, the question for determination in the present case is with regard to the use of BS-II and BS-III compliant public transport vehicles and the incidental question of granting permission for purchase of 1000 number of BS-IV complaint transport vehicles as prayed for on behalf of the State Transport Corporation. Without dealing further on the facts, we make it clear that BS-II and BS-III vehicle shall not be granted renewal of registration and registration of new BS-IV complaint vehicle shall be subject to the decision of the Tribunal in "Original Application no. 21 of 2014, Vardhaman Kaushik Vs. Union of India & Ors."

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2. Ld. Counsel appearing today for the BMTC (State of Transport Corporation) prays for an opportunity to file an affidavit to place on record decision taken or that may be taken in respect of the matter.

3. List the matter for hearing on this aspect on 24.04.2019.

S. P. Wangdi, JM K. Ramakrishnan, JM Dr. Nagin Nanda, EM February 27, 2019 O.A. No. 176/2018 pa 2