Disposed

Dr Bina Basnett v. State of Sikkim

NGT9 Sept 2024IA No. 65/2024 in Original Application No. 38/2022

Case brief

AI extract

What is this about?

The single-bench order of the National Green Tribunal (East Zone Bench) admits interim applications regarding name correction, record of documents, and adjournments for a rejoinder, while dismissing demolition pleas to be decided later.

What did the court decide?

Allowance of name correction for R-12; permission to file rejoinder within four weeks; other prayers adjourned for later consideration.

Dr Bina Basnett vs State of Sikkim — Environment and Pollution | NGT (2024)

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Item No.08

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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.38/2022/EZ (I.A. No.131/2022/EZ, I.A. No.65/2024/EZ, I.A. No.66/2024/EZ, I.A. No.68/2024/EZ & I.A. No.69/2024/EZ)

Dr. Bina Basnett

Applicant(s)

Versus

State of Sikkim & Ors.

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Respondent(s)

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Date of hearing: 09.09.2024

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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. Pratap Shanker, Adv. a/w Mr. Dipankar Thakur, Adv.

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For Respondent(s) : Mr. Basava Prabhu S. Patil, Sr. AG ,State of Sikkim a/w Mr. Sameer Abhyankar, Standing Counsel for Sikkim, Ms. Ayushi Bansal,Adv, and

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Mr.Sarthak Dora,Adv. for R-1,3,4,7,9 & 10 (in Virtual Mode), Mr. Kazi Sangay Thupden, Adv. for R-2 (in Virtual Mode), Mr. Saumitra Jaiswal, Adv. for R-5 (in Virtual Mode), Ms. Mansi Bachani, Adv. a/w

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Ms. Gitanjali Sanyal, Adv. for R-6 (in Virtual Mode), Mr. A.D.N. Rao, Sr. Adv. a/w Mr. Shubham Upadhyay, Adv. (in Virtual Mode) for R-8, Ms. Amrita Pandey, Adv. for R-11 (in Virtual Mode), Mr. Sanjay Upadhyay, Sr. Adv. a/w Mr. Surya Gupta, Adv. for R-12

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ORDER

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Mr. Pratap Shanker, learned Counsel assisted by Mr. Dipankar Thakur, learned Counsel is present on behalf of the Applicant.

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Affidavit dated 27.08.2024 has been filed on behalf of the Respondent No.11, Ministry of Environment, Forests and Climate Change (MoEF&CC); the same is taken on record.

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Mr. Shubham Upadhyay, learned Counsel files Vakalatnama on behalf of the Respondent No.8, State Environment Impact Assessment Authority (SEIAA); the same is taken on record. When the case is next listed, the name of Mr. Shubham Upadhyay shall be printed in the cause list as the Counsel for the Respondent No.8.

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Mr. Surya Gupta, learned Counsel files Vakalatnama on behalf of the Respondent No.12, Mesaso Infrastructure Private Limited; the same is

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taken on record. When the case is next listed, the name of Mr. Surya Gupta shall be printed in the cause list as the Counsel for the Respondent No.12.

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I.A.No.65/2024/EZ

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This Interlocutory Application has been filed by the Applicant therein pointing out that the name of the company Respondent No.12 has since been changed from “Mesaso Infrastructure Private Limited” to “West Point Infrastructure Private Limited” and therefore, the name of the Respondent No.12 in the array of Respondents be changed.

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Mr. Pratap Shanker, learned Counsel for the Applicant has no objection if the correction of the name of Respondent No.12 is allowed.

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We, accordingly allow the I.A. No.65/2024. Let the necessary correction in the title of Respondent No.12 be carried out in the course of the day.

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I.A. No.66/2024/EZ

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This Interlocutory Application has been filed by the Respondent No.12 bringing on record the letter of the Indian Institute of Technology (IIT) Roorkee dated 02.09.2024 and it is prayed that the same be taken on record and be treated as an ‘Annexure’.

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Mr. Pratap Shanker, learned Counsel for the Applicant has no objection to the document being taken on record.

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The I.A. No.66/2024/EZ is therefore allowed. Let the said document be taken on record.

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I.A. No.68/2024/EZ

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This Interlocutory Application has been filed by the Applicant with the prayer for a direction to the Respondent Nos.2 and 12 to demolish the allegedly illegal 14 storied building constructed by the name Multilevel Car Parking cum Commercial Development at Old West Point School Area and restore the ecology of the area to its original position as per law.

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This issue is in the main issue in the Original Application and will be considered along with the Original Application itself.

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I.A. No.69/2024/EZ

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This Interlocutory Application has been filed by the Applicant seeking a direction to the Respondent No.11 to place on record the Geotechnical Studies of the Himalayan Mountain Range of the State of Sikkim.

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This application shall also be taken up at the time of decision of the Original Application.

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Mr. Pratap Shanker, learned Counsel for the Applicant states that the rejoinder has not been filed to any of the affidavits which are on record since the last affidavit has been filed by the Ministry of Environment, Forests and Climate Change (MoEF&CC) on 27.08.2024. All the other affidavits are already on record since long.

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However, in the interest of justice, by way of last chance, we grant four weeks and no more to the applicant for filing rejoinder affidavit.

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Convenience Compilation has been filed by the Respondent No.12; the same is taken on record.

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List on 12.11.2024.

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B. Amit Sthalekar, JM

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

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September 09, 2024,

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Original Application No.38/2022/EZ

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(I.A. No.131/2022/EZ, I.A. No.65/2024/EZ, I.A. No.66/2024/EZ, I.A. No.68/2024/EZ & I.A. No.69/2024/EZ) SKB

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Dr Bina Basnett v. State of Sikkim

Case brief

What is this about?

What did the court decide?

Dr Bina Basnett v. State of Sikkim

Case brief

What is this about?

What did the court decide?

What the court decided

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