National Green Tribunal
Ravi Shankar Mandal vs Ministry Of Environment Forest And ... on 12 July, 2021
Item No. 02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 19/2021/EZ
Ravi Shankar Mandal Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 12.07.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Sanjay Upadhyay, Advocate
For Respondent(s) : Mr. Debasish Ghosh, Advocate for
Respondent No. 1
Ms. Amrita Pandey, Advocate for
Respondent Nos.4 & 6
Mr. Surendra Kumar, Advocate for
Respondent No.5
Mr. Sibojyoti Chakraborty, Advocate
For Respondent No.3
ORDER
1. Mr. Sanjay Upadhyay, Ld. Counsel is present for the Applicant.
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2. Mr. Dehasish Ghosh, Ld. Counsel is present for Respondent No.1, Ministry of Environment, Forest and Climate Change (MoEf & CC).
3. Ms. Amrita Pandey, Ld. Counsel is present on behalf of Respondent Nos. 4 & 6, the State of Jharkhand and the Deputy Commissioner, Dumka.
4. Mr. Surendra Kumar, Ld. Counsel is present on behalf of Respondent No. 5, Jharkhand State Pollution Control Board.
5. Mr. Sibojyoti Chakraborty, Ld. Counsel has put in appearance on behalf of Respondent No.3, Central Pollution Control Board.
6. Mr. Debasish Ghosh, Ld. Counsel has filed an affidavit on behalf of the MoEF & CC, which is taken on record. He shall provide e-copy/soft copy of the counter affidavit to the counsel for the Applicant as well as the counsel for the Respondents within 24 hours.
7. We find that this affidavit is very vague and sketchy.
We, therefore, direct Mr. Ghosh appearing for the MoEF & CC, to file a detailed comprehensive para-wise reply to the O.A. within two weeks. 2
8. Mr. Surendra Kumar, Ld. Counsel prays for and is granted two weeks for filing para-wise counter affidavit to the O.A.
9. Mr. Sibojyoti Chakraborty, Ld. Counsel for Respondent No. 3 prays for and is granted two weeks time to file para-wise counter affidavit to the O.A.
10. No one has appeared on behalf of the Ministry of Railways, Respondent No.2. We find that Railways had not been impleaded properly. They should be impleaded through their representatives, i.e., the General Manager, the Divisional Railway Manager and the Chief Personnel Officer of the concerned Division of the Railway.
11. Let the impleadment application be filed impleading the General Manager, the Divisional Railway Manager and the Chief Personnel Officer of the concerned Railway in the array of Respondents as Respondent Nos. 7, 8 & 9 within 48 hours. If such an impleadment application supported by an affidavit is filed, the office of the Tribunal shall issue notices to the newly added Respondents returnable within four weeks. The newly 3 added Respondents may file their counter affidavits to the O.A. within four weeks.
12. The applicant shall file affidavit of service before the next date of listing.
13. List on 05.08.2021.
.................................. B. Amit Sthalekar, JM ................................. Saibal Dasgupta, EM July 12, 2021 Original Application No.19/2021/EZ AKC 4