Allowed

Subhas Datta v. State of West Bengal

NGT2 Sept 2024IA No. 61/2024 in Original Application No. 111/2024

Case brief

AI extract

What is this about?

The National Green Tribunal Eastern Zone Bench allowed an interlocutory application filed by M/s Aarpee Minerals & Aggregates seeking impleadment in Original Application No.111/2024/EZ. The court permitted the company to be added as Respondent No.9 and granted a four-week extension for filing a counter-affidavit.

What did the court decide?

Impleadment of M/s Aarpee Minerals & Aggregates as Respondent No.9 and four weeks adjournment for counter-affidavit.

Subhas Datta vs State of West Bengal — Environment and Pollution | NGT (2024)

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Item No.02

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.111/2024/EZ (I.A. No.61/2024/EZ)

Subhas Datta

Applicant(s)

Versus

State of West Bengal & Ors.

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Respondent(s)

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Date of hearing: 02.09.2024

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Subhas Datta, in person

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For Respondent(s) : Mr. Sibojyoti Chakraborty, Advocate for R-1 to 4, Ms. Amrita Pandey, Advocate for R-5 (in Virtual Mode), Mr. Dipanjan Ghosh, Advocate for R-6, Mr. Krishnendu Bera, Advocate for R-9

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ORDER

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Mr. Subhas Datta, the Applicant is present in person.

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Affidavit dated 31.08.2024 has been filed on behalf of the Respondent No.6, West Bengal Pollution Control Board; the same is taken on record.

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Counter affidavit dated 01.09.2024 has been filed on behalf of the Respondent No.3, Irrigation & Waterways Department, Government of West Bengal; the same is taken on record.

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Counter affidavit dated 01.09.2024 has been filed on behalf of the Respondent No.7, District Magistrate & Collector, Darjeeling; the same is taken on record.

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Counter affidavit dated 01.09.2024 has been filed on behalf of the Respondent No.8, District Magistrate & Collector, Jalpaiguri; the same is taken on record.

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Mr. Sibojyoti Chakraborty, learned Counsel files Vakalatnama on behalf of the State Respondents, Government of West Bengal; the same is taken on record.

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Mr. Dipanjan Ghosh, learned Counsel files Vakalatnama on behalf of the Respondent No.6, West Bengal Pollution Control Board; the same is taken on record.

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Mr. Amrita Pandey, learned Counsel appearing (in Virtual Mode) states that she has instructions to appear in the case on behalf of the Respondent No.5, Ministry of Environment, Forests and Climate Change. Learned Counsel prays for and is granted four weeks time for filing counter-affidavit.

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The parties shall complete the pleadings among themselves and also download copies from the portal of the National Green Tribunal.

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10. List on 08.11.2024.

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I.A. No.61/2024/EZ:-

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This Interlocutory Application has been filed by the Applicant-M/s Aarpee Minerals & Aggregates, seeking impleadment in the array of Respondents in the present Original Application on the ground that in the Inspection carried out by the Committee under order of the Tribunal they have been identified in the Inspection Report as the stone crusher carrying on crushing activities at Sevoke Forestry, J.L. No.2, Mouza-Sevoke Forestry, Darjeeling. It is also stated that they have been permitted by IRCON International Limited to carry on the stone crusher unit under a license agreement.

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Mr. Subhas Datta, the Applicant in person, states that he has been served with the copy of the I.A. No.61/2024/EZ and he has no objection, if the impleadment application is allowed.

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We accordingly allow the I.A. No.61/2024/EZ and direct that M/s Aarpee Minerals & Aggregates, be impleaded in the array of Respondents as Respondent No.9.

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Mr. Krishnendu Bera, learned Counsel appearing for the newly added Respondent No.9 prays for and is granted four weeks time for filing counter-affidavit.

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM

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September 02, 2024, Original Application No.111/2024/EZ (I.A. No.61/2024/EZ) MN

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Subhas Datta v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Subhas Datta v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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