National Green Tribunal
Msh Sheikh vs State Of Gujarat Through Gujarat ... on 31 July, 2023
Item No.3 & 4 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
ORIGINAL APPLICATION NO.76 OF 2023 (WZ)
MSH Sheikh .... Applicant
Versus
State of Gujarat .... Respondent
WITH
ORIGINAL APPLICATION NO.81 OF 2023
Jignesh Bhai Chhaganbhai Togadia .... Applicant
Versus
State of Gujarat & Ors. .... Respondents
Date of Hearing : 31.07.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Ms. Shilpa Chohan, Advocate in O.A.No.76/2023
Mr. Rahul Choudhary, Advocate in
O.A.No.81/2023
Respondents : Mr. Maulik Nanavati, Advocate for Respondent
Nos.2, 4 and 8
ORDER
1. From the side of GCZMA - respondent No.2, GPCB - respondent No. 4 and SEIAA, Gujarat - respondent No.8, learned counsel Mr. Maulik Nanavati has appeared and apprised us that the Joint Committee could not complete its task of preparing the report as was directed by this Tribunal's order dated 29.05.2023 because the information needs to be collected from several Departments of the Government and in order to comply with the liberty granted by this Tribunal to avail services of other Institution/Organization, the services of Sardar Vallabhai National [NPJ] Page 1 of 2 Institute of Technology (SVNIT) are also being taken as one representative from that Institute is associated in the team of the Joint Committee. Therefore, it is prayed that three months' time may be granted in order to submit the report of the Joint Committee.
2. From the side of the applicants, learned counsel Ms. Shilpa Chohan has appeared in O.A. No.76/2023 and learned counsel Mr. Rahul Choudhary has appeared in O.A. No.81/2023 and apprised us that despite the fact that the order was passed by this Tribunal on 29.05.2023, the first meeting has been held only in the month of July, 2023, which shows that long time is being wasted by the Joint Committee. Therefore, such a long time should not be allowed.
3. Though this is long time, as we have been assured that the report shall be submitted during that period, we grant the time as prayed for.
4. Learned counsel Mr. Nanavati has submitted before us that no mining is continued as it had stopped in January, 2023. We hope that no mining would be done till the filing of the report by the Joint Committee.
5. Since the matter involved in both these applications is identical, we are taking up both these applications jointly and Original Application No.81/2023 shall be the leading case.
6. Put up these matters for further consideration on 06.11.2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM July 31, 2023 O.A. Nos.76/2023 and 81/2023 (WZ) npj [NPJ] Page 2 of 2