Dismissed

Misc Application in disposed of cases No. 19/2024 in Original Application No. 25/2023 of James Teli Camder v. Ministry of Environment Forest and Climate Change

NGT4 Mar 2025Misc Application in disposed of cases No. 19/2024 in Original Application No. 25/2023

Case brief

AI extract

What is this about?

National Green Tribunal dismissed a miscellaneous application withdrawing one of its original petitions, holding that the subject matter was already under consideration in a pending PIL before the Gauhati High Court to avoid multiplicity of proceedings.

What did the court decide?

The miscellaneous application was dismissed to avoid multiplicity of proceedings as the matter is before the Gauhati High Court.

Misc Application in disposed of cases No. 19/2024 in… — Writ and Judicial Review | NGT (2025)

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Item No.10

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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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Miscellaneous Application No.19/2024/EZ

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Original Application No.25/2023/EZ (I.A. No.20/2025/EZ)

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In the matter of:

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1. James Teli Camder, S/o Teli Tade, R/o Office of the ALL ARUNACHAL ABOTANI ASSOCIATION (AAATA), A-Sector, Near Helipad, Opposite: SI-DONYI Festival Ground, Naharlagun, District-Papumpare, Arunachal Pradesh,

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2. Tongam Jomoh, S/o Hari Jomoh, R/o Office of the ALL ARUNACHAL ABOTANI ASSOCIATION (AAATA), A-Sector, Near Helipad, Opposite: SI-DONYI Festival Ground, Naharlagun, District-Papumpare, Arunachal Pradesh,

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.... Applicant(s)

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Versus

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1. Ministry of Environment, Forest and Climate Change, Through its Secretary, New Delhi, Indira Paryavaran Bhawan, Jor Bagh, New Delhi,

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2. State of Arunachal Pradesh, Through Chief Secretary, Civil Secretariat, Government of Arunachal Pradesh, Itanagar, Arunachal Pradesh, Pin – 791111,

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3. Department of Environment, Forest & Climate Change, Through PCCF & Principal Secretary, Itanagar, District-Papumpare, Arunachal Pradesh,

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4. Director General of Forest,

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Office of Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh, New Delhi,

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5. Department of Finance Planning & Investment, Govt. of Arunachal Pradesh, Through Spl. Secretary (Planning), Civil Secretariat, Govt. of Arunachal Pradesh, No. 1 Floor, Room No.107, Itanagar, Pin – 791111,

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6. Chief Conservator of Forest (CCF), Tezu, Dept. of Environment, Forest & Climate Change, Govt. of Arunachal Pradesh, District-Lohit, Arunachal Pradesh, Pin – 792001,

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7. Divisional Forest Officer, O/o The Divisional Forest Officer (DFO), Namsai, District-Namsai, Arunachal Pradesh, Pin – 792103,

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8. Deputy Commissioner, Mini Secretariat, O/o The Deputy Commissioner, Namsai, District-Namsai, Arunachal Pradesh, Pin – 792103,

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9. Chief Engineer, Eastern Commissioner Complex, Namsai, Eastern Zone, PWD Division, District-Namsai, Aruanchal Pradesh, Pin – 792103,

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……..Respondent(s)

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Date of hearing: 04.03.2025

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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. Prakash Pandey, Advocate (in Virtual Mode)

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For Respondent(s) : Ms. Amrita Pandey, Adv. for R-1 & 4 (in Virtual Mode),

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Ms. Ginny J. Rautray, Advocate a/w Ms. Devika Thakur, Advocate for R-2, 3, 5-9

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ORDER

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Mr. Prakash Pandey, learned Counsel is present (in Virtual Mode)

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for the Applicants.

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The M.A. No.19/2024/EZ filed in Original Application

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No.25/2023/EZ is being taken up.

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In Original Application No.25/2023/EZ an interim order was granted by the Tribunal vide its order dated 16.03.2023 that there shall be a stay on all construction activities within the Namsai Forest area in question. The said Original Application was thereafter disposed of by the Tribunal vide its judgment and order dated 28.07.2023 with directions contained in paras 13 & 14. Paras 13 & 14 of the judgment read as under:-

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“13. We, accordingly dispose of this Original Application with a direction to the Respondent No.1, Ministry of Environment, Forests and Climate Change, to take a decision in accordance with law, within a period of two months regarding the proposal for grant of Forest Clearance stated to have been submitted before it which is pending before the Inspector General of Forests (C), MoEF&CC submitted under Government of Arunachal Pradesh, Department of Environment and Forest letter dated 27.12.2021, Annexure-R23 (page no.367) of the paper book. This letter indicates that in lieu of the area of 19.52 hectares for diversion, Compensatory Afforestation has been proposed in the Namsai Forest Range at location Tengapani Reserve Forest, area of 39.04 hectares. The Respondent No.1 shall also consider the matter with regard to de-reservation of any additional area which may have been taken up for construction, in accordance with law ensuring in the process adequate compensatory afforestation.

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14. We further direct that the interim order passed by this Tribunal on 16.03.2023 shall be subject to any final order which may be passed by the Respondent No.1, Ministry of Environment, Forests and Climate Change.”

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Mr. Prakash Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Applicant, Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent Nos.1 & 4, Ministry of Environment, Forests and Climate Change and Ms.

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Ginny J. Rautray assisted by Ms. Devika Thakur, learned Counsel appearing on behalf of the Respondent Nos.2, 3, 5-9, inform that the issue raised in the present Original Application is already under consideration before the Hon’ble Gauhati High Court in the PIL No.13/2023.

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I.A. No.20/2025/EZ:-

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This Interlocutory Application has been filed by the Applicant praying that the controversy involved in the Original Application No.25/2023/EZ giving arise to the present M.A. No.19/2024/EZ is already under consideration before the Hon’ble Gauhati High Court (Itanagar Bench) in PIL No.13/2023, All Arunachal Tribal Rural Panchayat Restoration Andolan Committee (AATRPRAC) Vs. Union of India & Ors . The Applicant, therefore, prayed in this I.A. that the Applicant’s may be permitted to withdraw the M.A. No.19/2024/EZ. It is stated that this Interlocutory Application has been filed to avoid multiplicity of proceedings on the same subject matter before different forums.

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In this view of the matter, we accordingly dismiss the M.A. No.19/2024/EZ.

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I.As. if any, stand disposed of.

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There shall be no order as to costs.

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B. Amit Sthalekar, JM

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Dr. Arun Kumar Verma, EM

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March 04, 2025, Miscellaneous Application No.19/2024/EZ In Original Application No.25/2023/EZ (I.A. No.20/2025/EZ) MN

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Misc Application in disposed of cases No. 19/2024 in Original Application No. 25/2023 of James Teli Camder v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 19/2024 in Original Application No. 25/2023 of James Teli Camder v. Ministry of Environment Forest and Climate Change

Case brief

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What did the court decide?

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