BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Original Application No.

163/2013 Akhil Bhartiya Jeev Raksha Bishnoi Sabha V/s Union of India & Ors. CORAM: HON’BLE SHRI JUSTICE U.D. SALVI, JUDICIAL MEMBER HON’BLE DR. G.K. PANDEY, EXPERT MEMBER HON’BLE DR. P.C. MISHRA, EXPERT MEMBER HON’BLE PROF. A.R. YOUSUF, EXPERT MEMBER HON’BLE SHRI B.S. SAJWAN, EXPERT MEMBER Applicant / Appellant Respondent No. 1 Respondent No. 2&5 Respondent No. 6 Date and Remarks Order No. 2 July 22, 2013 : Mr. Vinod Kumar Bisnoi and Mr. Amit Chaudhary, in Person : Ms. Syed Amber, Adv. for Ms.NeelamRathore, Adv. : Mr. Narendra Hooda, Sr. Addl. Adv. General with Mr. Vikas Malik, Assistant Adv. General, Haryana : Mr. Faisal Sherwani, Adv. Orders of the Tribunal Heard. Perused record. It appears that the Respondent No. 1 (MoEF), Respondent No. 2 (Government of Haryana) and Respondent No. 6 (Nuclear Power Corporation of India Ltd.) have been duly served with the notices of this Application. Learned Counsel appearing for the MoEF submits that instructions will be solicited from the Respondents No. 3 & 4 as well as the Respondent No. 1. Presence of the Respondent No. 6 is essential for adjudication of the controversy involved in the present Application. As nobody is present on behalf of Respondent No. 6, despite service, in exercise of our powers and in terms of the provision of Section 19 (4) (a) of the National Green Tribunal Act, 2010 read with Order XVI Rule 10(3) and Section 151 of Code of Civil Procedure, 1908, issue Bailable Warrant against Respondent No. 6 for the presence of the CMD, Nuclear Power Corporation of India Ltd. for a sum of Rs. 20,000/- to the satisfaction of the arresting Officer. Interim relief to continue till the next date of hearing. Liberty granted to file replies and documents in the meanwhile. Later on, Learned Counsel Mr. Faisal Sherwani appears on

behalf of the Respondent No. 6 and prays for cancellation of Bailable Warrant. He submits that there was misunderstanding in responding to the notice received and filing an appearance before this Bench due to which the lapse in timely appearance has occurred. He, therefore, prays for cancellation of Bailable Warrant and undertakes that the Respondent No. 6 will regularly appear through a duly instructed Advocate or any of the duly instructed Senior Official on every date of hearing. Undertaking is accepted. Bailable Warrant is cancelled. At this stage, Learned Counsel for the Respondent No. 1 (MoEF) undertakes to take instructions as regards the statement to be made before this Tribunal for maintaining status quo at the site in question till the Environmental Clearance is granted and for giving hearing to the Applicants as regards their grievances in respect of the safe movement of wild animals, before next date of hearing. Learned Counsel for the Respondent No. 6 seeks leave to file Vakalatnama. Leave granted. By mutual consent, stand over to 30th July, 2013.

………….…………….……………., JM (U.D. Salvi) ……………….……………………., EM (Dr. G.K. Pandey) ……………….……………………., EM (Dr. P.C. Mishra) ……………….……………………., EM (Prof. A.R. Yousuf) ……………….……………………., EM (B. S. Sajwan)

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