National Green Tribunal
Paul Lobo vs Goa Coastal Zone Management Authority on 25 August, 2022
Item No.03 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Appeal No. 20/2022 (WZ)
I.A. No. 63/2022(WZ) & I.A. No. 64/2022(WZ)
Paul Lobo & Ors.
.....Appellant(s)
Versus
Goa Coastal Zone Management Authority & 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
Appellant(s) : Mr, Ronita Bhattachaya, Advocate
Respondent(s) : Mr. Abhishek Sawant, Advocate for R-2
: Mr. D.M. Gupte, Advocate for MoEF&CC-R-4
ORDER
1. From the side of the Appellant Ms. Ronita Bhattachaya, Learned Counsel has appeared.
2. From the side of Respondent No.2/Project Proponent-Mr. Abhishek Sawant, Learned Counsel has appeared and submitted that counter affidavit has been filed against the main appeal. Although, he has not filed any counter in respect to the delay condonation application separately. The copy of the counter affidavit has not been provided to the Learned Counsel for the Appellant. Therefore, he is directed to provide copy of the same to the Learned Counsel for the Appellant forthwith.
3. From the side of Respondent No.4/MoEF & CC-Mr. D. M. Gupte, Learned Counsel has appeared and submitted that he does not want to file reply on delay condonation application. Further, he prays for some time to file reply to the main appeal. Permission is granted. Let the reply affidavit be filed within a period of two weeks from today with advance copy to the Learned Counsel for the Appellant.
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4. As per the service affidavit, service is sufficient on all the Respondents.
5. No one has appeared from the side of Respondent No.1/ GCZMA and Respondent No.3/Goa Water Resources.
6. At the very outset, the Learned Counsel for the Respondent No.2 has apprised that the appeal has become in fructuous because the directions which were given in the impugned order have already been complied with, which is being disputed by the Learned Counsel for the Appellant saying that she has not received the copy of counter affidavit filed by the Respondent No.2. Hence, she prays for some time so that she may file reply against the same.
7. Since, we have to pass order on delay condonation application (I.A. No. 63/2022(WZ)), it would be appropriate for us to see at that very stage as to whether the cause of action survives to the Appellant or not and then only it would be appropriate to pass order on the delay condonation application.
8. The Learned Counsel for the Respondent No.2 is also directed to file reply affidavit against the delay condonation application within a period of two weeks from today with advance copy to the Learned Counsel for the Appellant.
9. The pleadings shall be exchanged by the parties among themselves before the next date positively so that no adjournment would need to be granted on that count.
10. List the matter for disposal of delay condonation application (63/2022) as well as hearing on the main appeal on 08.09.2022.
11.
12. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM August 25, 2022 Appeal No. 20/2022 (WZ) I.A. No. 63/2022(WZ) & I.A. No. 64/2022(WZ)JG Page 2 of 2