National Green Tribunal
Vinay Shivanand Naik vs State Of Karnataka Dept. Of Transport ... on 20 December, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.03:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 183 of 2016 (SZ) &
I.A. Nos. 144, 145, 146 and 205 of 2021(SZ)
(with Hybrid Option)
IN THE MATTER OF:
Shri Vinay Shivanand Nayak ... Applicant(s)
Versus
State of Karnataka & Ors. ...Respondent(s)
Date of hearing:20.12.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. N. Vishvas for Mr. Anu Ganesan
For Respondent(s): Mr. Rajat for Mr. Darpan for R1
Mr. P.D. Surana for R2, R3, R5, R6
Mr. R. Thirunavukarasu for R4
Mr. Giridhar and Sai for R7
Ms. Me. Sarashwathy for R9
Ms. Nalina Gouda for R11.
1
ORDER
I.A. No. 205 of 2021 in O.A. No.183 of 2016
1. This is an application filed by the 2nd respondent in original application for re-opening the matter to hear their side. It is alleged in the application that on 29.11.2021, though the Learned Counsel appearing for the applicant in miscellaneous application wanted to appear in afternoon when the case was posted, due to some climatic conditions they could not represent themselves and present their case.
2. Heard the Learned Counsel for the applicant Mr. P.D. Surana in I.A. No. 205 of 2021 and Learned Counsel appearing for other parties. Considering the circumstances mentioned in the application, we feel that the application can be allowed and the matter can be heard today itself as the question involved is only what is the policy decision taken by State of Karnataka and the Transport Department in implementing the green and clean fuel policy in State of Karnataka. So, the application is allowed and the case is re-opened for further hearing to toady and I.A. No. 205 of 2021 is disposed of accordingly.
O.A. No. 183 of 2016
3. Case re-opened for further hearing as per order in I.A. No. 205 of 2021.
4. Learned Counsel appearing for 2nd respondent submitted that they have already filed their policy decision and also steps taken by them regarding 2 the action plan during August, 2021 in compliance with the order dated 16.07.2021.
5. Learned Counsel also submitted that they are replacing 390 vehicles with electric vehicles within two months and balance vehicles will be replaced by BS-VI by March, 2022. Certain work orders have been issued in this regard.
6. The applicant filed I.A. No. 144 of 2021 to raise additional grounds and filed I.A. No. 145 of 2021 to consider the grounds mentioned in these Interlocutory Applications of scraping of old vehicles and substituting the same with CNG or LPG not only in Delhi but also in other parts of the country as well and I.A. No. 146 of 2021 also reiterated the same grounds in this application as well and wanted this Tribunal to consider those new grounds also while disposing the matter.
7. We don't think that there is any necessity to issue any further directions. All these grounds can be considered by this Tribunal while passing final Judgement and that may also be considered for giving necessary direction if any, required to ensure plying of environment friendly vehicles being plied in State of Karnataka.
8. With the above directions and observations I.A. Nos. 144 to 146 of 2021 are disposed of .
9. If the parties want to file any additional written submissions, if any, they are at liberty to file the same within three days. 3
10.Heard the Counsel. Judgement Reserved.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Dr. Satyagopal Korlapati) O.A. No. 183/2016(SZ) I.A. No. 144, 145, 146 & 205 of 2021(SZ) 20th December, 2021. (AM) 4