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National Green Tribunal

Zubaida Hamid vs West Bengal Pollution Control Board on 14 July, 2021

Item No. 01                                                Court No.1

              BEFORE THE NATIONAL GREEN TRIBUNAL
                 EASTERN ZONE BENCH, KOLKATA
                   (Through Video Conferencing)

                 Original Application No. 05/2021/EZ


    Zubaida Hamid                                        Applicant(s)

                                  Versus

     West Bengal Pollution
     Control Board & Ors.                            Respondent(s)

     Date of hearing: 14.07.2021

    CORAM:      HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
                HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

    For Applicant(s)   : Mr. Wasim Ahmed, Advocate
                         Mr. Nayeemuddin Munhsi, Advocate

    For Respondent(s) : Mr. Dipanjan Ghosh,Advocate for
                        Respondent Nos.1,2, 3,6,7,8,9 &10
                        Mr. Bikas Kargupta, Advocate for
                        Respondent Nos. 4, 5, 12 & 13
                        Mr. Mritunjay Saha, Advocate for
                        Respondent No.21
                        Mr. Chittapriya Ghosh, Advocate
                        Respondent No.20.

                                  ORDER

1. Mr. Wasim Ahmed, Ld. Counsel leading Mr. Nayeemuddin Munshi, Ld. Counsel is present for the Applicant. Mr. Wasim Ahmed, Ld. Counsel prays for and is granted three days time to file vakalatnama on behalf of the Applicant. 1

2. Mr. Dipanjan Ghosh, Ld. Counsel is present on behalf of Respondent Nos.1,2,3,6,7,8,9 & 10, West Bengal State Pollution Control Board.

3. Mr. Bikas Kargupta, Ld. Counsel is present for Respondent Nos.

4, 5, 12 & 13, the Commissioner of Police, West Bengal, the Addl. Director General of Police, WBPCS, the Superintendent of Police, South 24 Parganas and the Officer-in-Charge, Karaya Police Station, Kolkata.

4. Mr. Mritunjay Saha, Ld. Counsel is present for Respondent No. 21, Sunil Shaw and Mr. Chittapriya Ghosh, Ld. Counsel is present on behalf of Respondent No.20, Kanhaiya Shaw.

5. Mr. Mritunjay Saha, Ld. Counsel appearing for Pvt. Respondent No. 21, states that he has not received the copy of the O.A. Ld. Counsel for the Applicant is directed to provide e-copy/soft copy of the Original Application along with all its annexures to the Ld. Counsel for the Respondent within 24 hours.

6. The Tribunal vide its order dated 09.06.2021 had directed the Respondent No. 2, West Bengal State PCB to file its counter affidavit. Till date no counter affidavit has been filed.

7. Mr. Dipanjan Ghosh, Ld. Counsel for the WBPCB states that site inspection has already been carried out and prays for and is granted three weeks time to file para-wise counter affidavit to the O.A. and also bring on record the report. Ld. Counsel is also directed to serve e-copy/soft copy of the same on the Ld. 2 Counsel for the Applicant as well as the Ld. Counsel for other Respondents at least one week before the next date fixed.

8. The other Respondents may also file their para-wise counter affidavits to the O.A. within three weeks and exchange those counter affidavits with the Ld. Counsel for the Applicant as well as the other Counsel for the Respondents one week before the next date fixed.

9. List on 16.08.2021.

..................................

B. Amit Sthalekar, JM .................................

Saibal Dasgupta, EM July 14, 2021 Original Application No.05/2021/EZ AKC 3