National Green Tribunal
Yashaswi Fish Meal And Oil Company ... vs Union Of India on 5 October, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.04:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Appeal No. 05 of 2020 (SZ) &
I.A. No. 83 & 84 of 2020 (SZ)
With
Original Application No. 27 of 2019 (SZ)
I.A. No. 29 & 30 of 2019 (SZ)
(Through Video Conference)
IN THE MATTER OF
M/s. Yashaswi Fish meal and Oil Company
...Appellant(s)
Versus
Union of India & Ors. ...Respondent(s)
With
Kishore Kumar & Anr. ...Applicant(s)
Versus
Union of India & Ors. ...Respondent(s)
Date of hearing: 05.10.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
Appeal No.05/2020:
For Appellant(s): Sri. T.K. Bhaskar
1
For Respondent(s):. Sri. H. K. Vasanth for R2 & R3
Sr. K.N. Praveen Kumar for R5 to
R8/Applicant in I.A.
O.A. No.27/2019:
For Applicant(s): Sri. Karunaka Mahalik
For Respondent(s): Sri. G.M. Syed Nurullah Sheriff for R1
Sri. H. K. Vasanth for R3 and R4
Sri. Darpan for R2, R5 to R8
M/s. M.V.V. Ramanana for R10
Sri. T.K. Bhaskar or R11
Sri. M. R. Gokul Krishan for R13
ORDER
1. When the matter came up for hearing today through Video Conference, Sri. T.K. Bhaskar represented the appellant in Appeal No. 05 of 2020 and 11th respondent in O.A. No.27 of 2019 and Sri. Karunakar Mahalik represented the applicant in O.A. No.27 of 2019. Sri. H.K. Vasanth represented respondents 2 and 3 in Appeal No.05 of 2020 and respondent 3 and 4 in O.A. No.27 of 2019, Sri. Pravin Kumar represented respondents 5 to 8 in the appeal who filed I.A. No.83 of 2020 and I.A. No.84 of 2020 in Appeal No.05 of 2020, Sri. G.M. Syed Nurullah Sheriff represented 1st represented in O.A. No.27 of 2019, Mr. Darpan represented respondents 2, 5 to 8 in O.A. No.27 of 2019, Sri. M.V.V. Ramana represented 10th respondent in O.A. No.27 of 2019 and Sri. M. R. Gokul Krishnan represented 13th respondent in O.A. No.27 of 2019 2
2. The learned counsel for the appellant in Appeal No. 05 of 2020 as well as the respondents 2 and 3 represented that they have not received any notice in the interlocutory application filed by the applicant in I.A. No. 83 of 2020 and I.A. No. 84 of 2020.
3. The applicant in those applications is directed to serve the copy of the applications to the counsel appearing for the appellant as well as respondents 2 and 3 within a week.
4. If the appellant as well as respondents 2 and 3 want to file any counter to the same, they are at liberty to file the same within a further period of one week thereafter and they should not come with the prayer for an adjournment in this regard.
5. Sri. H.K. Vasanth who is appearing for respondents 2 and 3 submitted that they want some more time to file their response. The short question that arises for consideration is regarding the alleged mis identity of the person to whom the order was served as according to the appellant, they are not the persons who have said to have violated the provisions and they have not received any notice in this matter before passing the impugned order.
6. This is also connected with O.A. No. 27 of 2019, which is posted for further action taken report. We have only received the objection filed by the applicant to the committee's report.
7. The committee is directed to go into the allegations made in the objections and also file a further report in this regard along with 3 further action taken on the basis of the observations made in their earlier report.
8. The applicant is also directed to serve the copy of the objections to the other counsels appearing for the parties including the committee members within a week.
9. For consideration of further report and also completion of pleadings in Appeal No. 05 of 2020, post on 10.11.2020 ..................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Saibal Dasgupta) Appeal No.05/2020 & I.A. No. 83 & 84/2020 and O.A. No.27/2019 & I.A. No.29 & 30/2019, 05th October, 2020. Sr. 4