Allowed

Gold Star a Proprietorship Firm through Mr Prasad Betkar v. Goa Coastal Zone Management Authority

NGT7 Jan 2025Appeal No. 153/2024

Case brief

AI extract

What is this about?

Interlocutory application for condonation of delay and withdrawal of appeal. Tribunal allowed withdrawal and directed respondents to reconsider matter afresh with new documents.

What did the court decide?

Appeal dismissed as withdrawn; direction to respondent to reconsider matter afresh within one month after receiving new documents and hearing applicant.

Gold Star a Proprietorship Firm through Mr Prasad Betkar… — Environment and Pollution | NGT (2025)

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Item No.10

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(Pune Bench)

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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.248 OF 2024 (WZ) IN APPEAL NO.153 OF 2024 (WZ) WITH APPEAL NO.153 OF 2024 AND I.A.NO.249/2024 (WZ)

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Gold Star a Proprietorship Firm, Through Mr. Prasad Betkar

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… Applicant

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Versus

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Goa Coastal Zone Management Authority

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… Respondent

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Date of Hearing : 07.01.2025

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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 : Mr. Shivshankar Swaminathan, Advocate

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Respondent : Ms. Manasi Joshi, Advocate with Ms. Pooja Natu, Advocate for the respondent/GCZMA

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ORDER

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At the outset, learned counsel Ms. Manasi Joshi, representing respondent – GCZMA has admitted that the satellite imageries, which are annexed along with I.A. No.249/2024 (pages 136 and 137 of the paper-book) were not placed before respondent No.1 - GCZMA at the time when the matter was considered and the impugned order was passed and that the GCZMA is ready to reconsider the matter if the appellant withdraws this appeal and approaches the GCZMA for deciding the matter afresh.

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Today, the matter is listed for considering the delay condonation application (I.A. No.248/2024), wherein it is prayed that delay of 189 days in filing the present appeal, wherein the order dated 19.12.2023 passed by the GCZMA has been prayed to be set aside. may be condoned. The learned

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Page 1 of 2

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counsel for respondent No.1 – GCZMA states that she has no objection against the delay condonation application if respondent No.1 – GCZMA is allowed to reconsider the matter afresh.

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In view of above, learned counsel for the appellant has given his consent to withdraw this appeal and approach respondent No.1 – GCZMA with the new documents, which were not placed before it earlier at the time of consideration before passing the impugned order.

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In view of above facts and submissions and the fact that the matter would be reconsidered by respondent No.1 – GCZMA, the application for codonation of delay need not be decided on merit and accordingly, we dismiss this appeal as withdrawn with a direction that respondent No.1 – GCZMA shall reconsider the matter and dispose it of after considering the documents to be placed by the appellant before it and hearing him, within one month , if the appellant approaches it within a week from the date of uploading of this order. Thereafter also, if any grievance of the appellant still remains, he may approach this Tribunal by way of appropriate proceedings.

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In view of dismissal of the appeal as withdrawn, all pending I.As. stand disposed of.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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January 07, 2025 I.A. No.248 OF 2024 (WZ) npj

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Page 2 of 2

Gold Star a Proprietorship Firm through Mr Prasad Betkar v. Goa Coastal Zone Management Authority

Case brief

What is this about?

What did the court decide?

Gold Star a Proprietorship Firm through Mr Prasad Betkar v. Goa Coastal Zone Management Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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