National Green Tribunal
Mr Subhash Kalyanji Tanna vs Echjay Industries Pvt Ltd on 2 December, 2022
Item No. 1 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 90/2022(WZ)
Subhash K. Tanna
.....Applicant
Versus
Echjay Industries Pvt Ltd. & Ors.
....Respondent(s)
Date of hearing: 02.12.2022
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Harshad Garud, Advocate
Respondent(s) : Ms. Manasi Joshi, Advocate for R-4/MPCB
ORDER
1. In compliance with our previous order dated 17.10.2022, the Joint Committee has not submitted it's report, Nodal Officer of which was Respondent No. 4/Maharashtra Pollution Control Board (MPCB).
2. From the side of Respondent No. 4/MPCB, learned Counsel Ms. Manasi Joshi has appeared and apprised that she has been instructed to appear today before us only because they came to know about this order having been passed from the website of NGT. In fact, no document in pursuance of the order dated 17.10.2022 has been provided to the MPCB or the other Members of the Committee. The said statement is being rebutted by the learned Counsel for the Applicant, saying that he has sent entire documents including copy of the Original Application through e-mail on 18.10.2022. It is difficult for us to ascertain whether the said copies have been provided to the MPCB or not but in this background, we direct the learned Counsel for the Applicant to serve all the relevant Page 1 of 2 documents to all the Members of the Committee by Registered Post as well as Dasti, within a period of 07(seven) days and thereafter, the Committee shall submit it's report within a period of one month.
3. The learned Counsel for the Respondent No. 4/MPCB may share e- mail address with the Applicant's learned Counsel so that they may contact each other for obtaining the documents.
4. We also find by previous order that we had instructed the Applicant to provide information with regard to the quantity of water being abstracted from the bore-well for running the factory but learned Counsel for the Applicant orally apprised us that he was not allowed to enter the premises because of which he could not gather the information. He was supposed to state these facts on an affidavit so that appropriate order could have been passed by us. Therefore, he is directed to file an affidavit in that regard.
Put up this matter on 27.01.2023.
5. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM December 02, 2022 Original Application No. 90/2022(WZ) P.Kr Page 2 of 2