Allowed

Asha Recyclean India Pvt. Ltd. v. Gujarat Pollution Control Board

NGT3 Dec 2024IA No. 298/2024 in Appeal No. 16/2024

Case brief

AI extract

What is this about?

The National Green Tribunal condoned a six-day delay in filing an appeal against the withdrawal of a consent to operate. The appeal was admitted. The respondent was given time to file a reply affidavit. The matter was adjourned for hearing on 13.02.2025.

What did the court decide?

Condonded six-day delay in filing appeal. Admitted the appeal. Directed respondent to file reply affidavit within four weeks.

Asha Recyclean India Pvt. Ltd. vs Gujarat Pollution… — Environment and Pollution | NGT (2024)

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(Pune Bench)

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Item No.3

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BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

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[Through Physical Hearing (with Hybrid Option)]

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INTERLOCUTORY APPLICATION NO.298 OF 2024 (WZ) IN APPEAL NO.16 OF 2024 (WZ) WITH APPEAL NO.16 OF 2024 (WZ)

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Asha Recyclean India Pvt. Ltd.

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… Applicant/ Appellant

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Versus

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Gujarat Pollution Control Board & Anr.

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… Respondents

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Date of Hearing : 03.12.2024

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CORAM : HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

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Applicant : Ms. Vedangi Satam, Advocate

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Respondents : Mr. Maulik Nanavati, Advocate for R-1

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ORDER

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By this application (I.A. No. 298/2024), the applicant/appellant has sought condonation of six days’ delay in filing the present appeal preferred against the order dated 18.11.2023 passed by respondent No.1 – GPCB withdrawing the CCA.

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The ground set up in this application is that the applicant/appellant, prior to approaching this Tribunal, tried to resolve the issue internally with the respondents by certain written communications, but the respondents never paid heed thereto. Therefore, there was no deliberate delay in filing this appeal.

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Page 1 of 2

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Learned counsel Mr. Maulik Nanavati has appeared to represent respondent No.1 – GPCB and states that he has not received copy of the memo of appeal as well as delay condonation application. Still, he submits that he has no objection for condoning the delay of six days in filing the appeal.

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Though applicant/appellant has failed to serve copy of the delay condonation application to the respondents, looking to the fact that the delay is of only six days caused in filing the appeal, the same is condoned, granting an opportunity to respondent No.2 – CPCB to oppose the application while contesting the appeal, if so required, by appearing on the next date, after having been served with copy of memo of appeal alongwith the relevant documents. I.A. No.298/2024 is accordingly allowed.

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5, As far as appeal is concerned, considering the grounds raised therein, we admit the appeal. Learned counsel Mr. Maulik Nanavati, appearing today on behalf of respondent No.1 – GPCB waives service of notice after admission on behalf of the said respondent. He is directed to file the reply affidavit within four weeks. Appellant shall take steps to serve notice upon respondent No.2, returnable within four weeks.

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The appellant is directed to serve copy of the memo of appeal along with relevant documents upon both respondent Nos.1 and 2.

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Put up this matter (Appeal No.16/2024) for next consideration on 13.02.2025.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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December 03, 2024 I.A. No.298/2024 (WZ) npj

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Page 2 of 2

Asha Recyclean India Pvt. Ltd. v. Gujarat Pollution Control Board

Case brief

What is this about?

What did the court decide?

Asha Recyclean India Pvt. Ltd. v. Gujarat Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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