National Green Tribunal
Mrs. Linet Nunes W/O Simon Lobo vs Goa Coastal Zone Management Authority on 14 August, 2023
Item No.4 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Appeal No. 48/2016 (WZ)
M.A.No.212/2016(WZ)
Mrs. Linet Nunes
.....Appellant
Versus
GCZMA& Ors.
....Respondent(s)
Date of hearing: 14.08.2023
CORAM: HON'BLE MR. JUSTICEDINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Appellant : Mr. S.Desai, Advocate with Mr.S.S.Swaminathan,
Advocate
Respondent(s) : Mr.Abhay Anturkar, Advocate Mr. Dhruv Tank, Advocate
for - 1
Mr.Kashinath Shetye, Advocate for R-2
Mr.Agney Sail, Advocate for R -7
ORDER
1. From the side of respondent No. 1, learned Counsel Mr. Abhay Anturkar has appeared and has filed reply affidavit dated 11.08.2023, copy of which has been served upon the Learned Counsel for the applicant yesterday only, who seeks time to file rejoinder to the same, for which we allow two weeks time by way of last opportunity
2. From the side of respondent No. 7, learned Counsel Mr. Sagardeep Sirsaiker Deep, who is one of the complainants in the present matter has filed I.A No. 173/2023 with the prayer that the vakalatnama dated Page 1 of 3 03.10.2016 and the reply dated 02.10.2016 alleged to have been filed by him, be deleted from the record because he had not engaged any counsel in the present matter till July 2023 and denies to have signed on the Vakalatnama 03.10.2026 as well as on the reply dated 02.10.2016. Learned Counsel for the respondent no. 7 has also apprised us that he has written letter to the earlier Learned Counsel Mr. Jayant Kalbhore who had put in signature on the Vakalatnama from the side of Respondent No. 7 and also to the notary concerned and that the replies from their end are awaited.
3. We perused the signature made by the respondent no. 7 on the vakalatnama filed by him engaging Mr. Agney Sail as a Learned Counsel which is absolutely different from the signature made on the affidavit dated 02.10.2016.
4. In view of the above, we allowed I.A. No. 173/2023 because no objection is being filed from the side of the appellant against the said application nor other respondents want to file objection against it. We direct the registry to issue notice to the Counsel Mr. Jayant Kalbhore directing him to show cause within 3 months as to why the affidavit dated 02.10.2016 has been filed before this Tribunal, which did not bear the signature of the respondent no. 7. The Registry to issue a show cause notice to the notary concerned i.e. Advocate Madhu R Redckar to show cause as to why action be not taken against him for affirming wrong affidavit, returnable within 4 weeks.
5. Since the Learned Counsel for the Respondent no. 7 seeks one week's time to file the reply with affidavit, we allow the same with the direction that copy of the same shall be served by him upon all other Page 2 of 3 parties and within one week thereafter, rejoinder may be filed against that.
6. None else has appeared despite sufficient service.
7. We, therefore, direct the registry to place the matter for final argument on 17th October, 2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM August 14,2023 Appeal No. 48/2016 (WZ) KG Page 3 of 3