Disposed

Balvant Parchure v. Mauresh Ashok Amburle

NGT1 May 2025IA No. 142/2025 in Execution Application No. 5/2024

Case brief

AI extract

What is this about?

A composite order of the National Green Tribunal Western Zone Bench in the principal environmental case. It passed on an interim application to set aside an ex-parte order against a respondent regarding construction violations and directed government officials to show cause for non-compliance or initiate penal action pending a pending High Court petition.

What did the court decide?

Ex-parte order dated 13.02.2025 set aside against Respondent No.5; other I.A. dismissed/not disposed of in this text.

Balvant Parchure vs Mauresh Ashok Amburle — Environment and Pollution | NGT (2025)

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(Pune Bench)

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Item No.47

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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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EXECUTION APPLICATION NO.05 OF 2024 (WZ) I.A. NO.142 OF 2025 (WZ) IN

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ORIGINAL APPLICATION NO.27 OF 2022 (WZ)

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Balvant Murlidhar Parchure

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…..Applicant

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Versus

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The Sub-Divisional Officer, Dapoli & Ors.

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….Respondents

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Date of hearing: 01.05.2025

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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 : Applicant in-person.

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Respondents

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: Mrs. S.B. Vaidya-Pandit, Advocate for R-1 & R-2 Mr. Shivshankar Swaminathan, Advocate for R-4 & 5

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ORDER

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I.A. NO.142 OF 2025 (WZ)

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This I.A. has been filed by Respondent No.5- Naved Najir Sayyad praying therein to set aside the ex-parte order dated 13.02.2025 passed against him.

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Since ‘no objection’ has been filed by other parties, we allow this I.A. and set aside the ex-parte order dated 13.02.2025 passed against Respondent No.5.

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I.A. NO.142 OF 2025 (WZ) stands disposed of accordingly.

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Page 1 of 3

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EXECUTION APPLICATION NO.05 OF 2024 (WZ)

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A direction was issued by this Tribunal vide order dated 27.04.2023 passed in Original Application No.27/2022 (WZ), to the following effect:-

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“14. We find that it is admittedly a case of violation on the part of the Respondent Nos. 1 & 2, as they have gone beyond the permission granted by the MCZMA to raise construction of Ground +2 floor, though they were granted permission to construct only G+1 floor and that too was granted only for residential purpose. Therefore, the 2^nd floor, which has been made illegally, needs to be demolished in accordance with law, subject to the final decision to be delivered by the Hon’ble High Court of Bombay in case any matter is pending before it, related to the present construction in question.”

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Above compliance was required to be made by Respondent No.1 – Sub-Divisional Officer, Dapoli and Respondent No.2– Collector, Ratnagiri, who were already issued a direction in this regard by Respondent No.3MCZMA. But learned counsel Mrs. S.B. Vaidya-Pandit, representing Respondent Nos.1 & 2, submits that a show cause notice was already issued to Respondent Nos.4 & 5 from their side. We direct Respondent Nos.1 & 2 to show the cause as to why penal action be not initiated against them for not carrying out the order of this Tribunal dated 27.04.2023 passed in Original Application No.27/2022 (WZ) without any valid reason. Reply shall be submitted by Respondent Nos.1 & 2 within 10 days.

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From the side of Respondent No.4- Mayuresh Ashok Amburle and for Respondent No.5- Naved Najir Sayyad, learned counsel Mr. Shivshankar Swaminathan has appeared before us, who submits that he has already filed combined reply affidavit dated 30.04.2025 before this Tribunal. We take this reply affidavit on record and direct that a copy of the same be also served upon all other parties through e-mail within two

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Page 2 of 3

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days, who may file rejoinder affidavit against the same, if any, within two weeks thereafter.

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We direct Respondent Nos.1 & 2 to file a copy of the petition, which is said to be pending before the Hon’ble High Court bearing Stamp No.CRAST/9787/2022 within two weeks.

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Put up this matter for further consideration on 11.06.2025.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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May 01, 2025 EXECUTION APPLICATION NO.05 OF 2024 (WZ) [I.A. NO.142 OF 2025 (WZ)] IN ORIGINAL APPLICATION NO.27 OF 2022 (WZ) P.Kr

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Page 3 of 3

Balvant Parchure v. Mauresh Ashok Amburle

Case brief

What is this about?

What did the court decide?

Balvant Parchure v. Mauresh Ashok Amburle

Case brief

What is this about?

What did the court decide?

What the court decided

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