National Green Tribunal
Mohammada Khalik Ansari vs Ministry Of Environment Forest And ... on 22 July, 2021
Item No. 09 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 22/2021/EZ
Mohammad Khalik Ansari Applicant(s)
Versus
MoEF&CC & Ors. Respondent(s)
Date of hearing: 22.07.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Ms. Paushali Banerjee, Advocate
For Respondent(s) : Mr. Gora Chand Roy Choudhury, Advocate for R-1,
Ms. Amrita Pandey, Advocate for R-2,4 & 13,
Mr. Surendra Kumar, Advocate for R-3 & 15,
Mr. Sailesh Kumar Gupta, Advocate for R-5 to 10,
ORDER
1. Ms. Paushali Banerjee, learned Counsel is present for the Applicant.
2. Mr. Gora Chand Roy Choudhury, learned Counsel is present for Respondent No.1, Ministry of Environment, Forest and Climate Change, Ms. Amrita Pandey, learned Counsel is present for Respondent Nos. 2, 4 & 13, State Respondents, Govt. of Jharkhand, Mr. Surendra Kumar, learned Counsel is present for Respondent Nos. 3 & 15, Jharkhand State Pollution Control Board and Central Pollution Control Board, and Mr. Sailesh Kumar Gupta, learned Counsel is present for Respondent Nos. 5 to 10, Private Respondents.
3. One undated para-wise reply has been filed on behalf of Respondent No.15, sworn by Regional Director and Scientist 'E', Regional Directorate, Central Pollution Control Board, Kolkata, is taken on record.
4. Mr. Gora Chand Roy Choudhury, learned Counsel prays for and is granted four weeks time to file affidavit on behalf of Respondent No.1, Ministry of Environment, Forest and Climate Change. 1
5. We also direct Mr. Gora Chand Roy Choudhury, learned Counsel to take notice on behalf of Respondent No.14, Ministry of Jal Shakti, and inform them about this case so that they may also file their counter-affidavit before the next date of listing.
6. We further direct that Respondent No.13, Divisional Commissioner, Sahibganj, Jharkhand, shall also file a revised affidavit bringing on record the current status with regard to the list of illegal miners, the excess amount of sand/stone mined, the loss of royalty/revenue to the State exchequer, penalty imposed on the illegal miners and the assessment of Environmental Compensation due to degradation of the environment before the next date of listing.
7. Mr. Surendra Kumar, learned Counsel shall provide e-copy/soft copy of the affidavit filed by Respondent No.15 upon the learned Counsel for the Applicant as well as the learned Counsel for other Respondents.
8. The copies of the affidavits shall be exchanged among the learned Counsel for the parties at least one week before the next date fixed.
9. List on 27.08.2021.
................................... B. Amit Sthalekar, JM .................................
Saibal Dasgupta, EM July 22, 2021 Original Application No. 22/2021/EZ AK 2