National Green Tribunal
Wildlife Society Of Orissa Represented ... vs 1. State Of Odisha Through Chief ... on 11 March, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.88/2023/EZ
Wildlife Society of Orissa Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 11.03.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate (in Virtual Mode)
For Respondent(s) : Mr. Ashok Parija, Advocate General (in Virtual Mode) a/w
Mr. Shakti Prasad Panda, AGA for R-1-6 & 8 (in Virtual Mode)
Mr. Apurba Ghosh, Adv. for R-9&10, (in Virtual Mode)
Mr. Ashok Prasad, Adv. for R-13, (in Virtual Mode)
Mr. Sibojyoti Chakraborty, Advocate for R-14
ORDER
1. Mr. Sankar Prasad Pani, learned Counsel is present for the Applicant (in Virtual Mode).
2. Affidavit dated 10.03.2024 has been filed by the Respondent No.5, Collector & District Magistrate, Ganjam, but along with this affidavit the Report of the Committee has not been filed as directed by this Tribunal vide order dated 30.01.2024.
3. Mr. Shakti Prasad Panda, learned Additional Government Advocate appearing (in Virtual Mode) for State Respondents, Government of Odisha, prays for and is granted four weeks time for filing counter- affidavit bringing on record the Committee's Report.
4. Mr. Apurba Ghosh, learned Counsel is present (in Virtual Mode) for Respondent Nos.9&10, Ministry of Environment, Forests and Climate Change, however, when we asked him to argue the matter with regard to the averments made in the Ministry's affidavit dated 1 06.12.2023, learned Counsel stated that he may be permitted to come in person in the Court to argue the matter.
5. We fail to understand as to when this Tribunal prevented Mr. Apurba Ghosh from appearing in person before the Court to argue any matter. In fact, if the learned Counsel wanted to argue the matter with reference to the affidavit of the MOEF & CC dated 06.12.2023, he should have been present in person in Court instead of seeking permission from the Court to be present in person. We regret this manner of practice adopted by the learned Counsel. It is nothing but wasting the time of the Court.
6. Let a copy of this order be sent to the Ministry of Environment, Forests and Climate Change, New Delhi, by the Ld. Registrar, National Green Tribunal, Eastern Zone Bench, Kolkata, within one week.
7. We also find that the affidavit of the Ministry of Environment, Forests and Climate Change dated 06.12.2023 does not address the allegations made by the Applicant in his Original Application.
8. We, therefore, direct the Ministry of Environment, Forests and Climate Change, Respondent No.9, to file a better affidavit within four weeks giving a para-wise reply to the allegations made in the Original Application.
9. The State Respondents in their affidavit shall also give para-wise reply to the allegations made in the Original Application.
10. List on 01.05.2024.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Satyagopal Korlapati, EM March 11, 2024, Original Application No.88/2023/EZ AK 2