Item No.

6 (Pune Bench)

BEFORE THE NATIONAL GREEN TRIBUNAL

WESTERN ZONE BENCH, PUNE

(By Video Conferencing)

Original Application No. 112/2022 (WZ)

Suraj Pradeepkumar Ajmera

…..Applicant
Versus

MoEF&CC & Ors.

….Respondent(s)
Date of hearing: 12.04.2023

CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER

HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

Applicant : Ms. Supriya Dangare, Advocate

Respondent(s) : Mr. Rahul Garg along-with Mr. Raghvendra Kulkarni,
Advocates for R-1/MoEF&CC
Mr. Anirudhha S. Kulkarni, Advocate for R-3/AMC &
R-6/CPCB
Mr. Vilas Jadhav, Advocate for R-5/MPCB

ORDER

1. From the side of Applicant, learned Counsel Ms. Supriya Dangare

has appeared.

2. From the side of Respondent No. 1/MoEF&CC, learned Counsel

Mr. Rahul Garg along-with Mr. Raghvendra Kulkarni have appeared and

pray that two weeks’ time may be allowed to file the reply affidavit and

the same is allowed.

3. From the side of Respondent No. 3/AMC and for Respondent No.

6/CPCB, learned Counsel Mr. Anirudhha S. Kulkarni has appeared. He

has filed reply affidavits on behalf of Respondent Nos. 3 & 6, which

appear to contain only the guidelines to control the future fire

occurrences.

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4. From the side of Respondent No. 5/MPCB, learned Counsel Mr.

Vilas Jadhav has appeared and seeks two weeks’ time to file the reply

affidavit and the same is allowed by way of last opportunity. The plea is

taken by the learned Counsel for the MPCB for not filing the reply

affidavit till date because the Joint Committee Report is yet to be filed,

hence he did not file the reply affidavit, which is not appropriate reply in

our estimation.

5. From the side of Respondent Nos. 3 & 6, it is stated by the learned

Counsel that the Joint Committee has been constituted and has

conducted the inspection but no date has been specified in the affidavit

and says that Respondent No. 3 should not be made nodal agency

because if, at all, any environmental compensation is to be assessed and

to be levied, it would the Respondent No. 3, who will have to pay the said

compensation but we are not impressed with his argument because the

Respondent No. 3 is only one of the Members of the Committee.

Therefore, we do not find any justified ground to change the Nodal agency

and by way of last opportunity, one week’s time is allowed to file the Joint

Committee Report. We make it very specific that if on the next date, the

same is not filed, we would impose heavy cost.

Put up this matter on 07.07.2023

6.

Dinesh Kumar Singh, JM

Dr. Vijay Kulkarni, EM

April 12, 2023

Original Application No. 112/2022 (WZ)
P.Kr

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