Partly allowed

Rajendra Shah v. State of Gujarat through Principal Secretary Forest and Environment Department

NGT13 Jul 2026IA No. 298/2026 in Original Application No. 87/2025

Case brief

AI extract

What is this about?

The Tribunal allowed an application to implead the Coastal Aquaculture Authority as Respondent No.5. It directed the applicant to file a fresh original application with full pleadings within two weeks and granted one chance to amend defects in another interim application regarding impleadment of Animal Welfare Foundation.

What did the court decide?

Cognizance taken in directions to implead Coastal Aquaculture Authority as Respondent No.5 and to file fresh original application within two weeks.

Rajendra Shah vs State of Gujarat through Principal Secretary Forest and Environment Department — NGT (2026) — LawSathi Research

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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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ORIGINAL APPLICATION NO.87 OF 2025 (WZ) I.A. NO.298 OF 2026 (WZ) & I.A. NO.300 OF 2026 (WZ) [Earlier Original Application No.305/2025 (PB)]

Rajendra Shah

…..Applicant

Versus

State of Gujarat through the Principal Secretary, Forests and Environment Department & Ors.

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….Respondents

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Date of hearing: 13.07.2026

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CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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Applicant : Mr. Rushabh N. Kapadia, Advocate Respondents : Ms. Shruti Umesh, Advocate h/f Mr. Parth H. Bhatt, Advocate for R-1/PCCF & R-2 - Fisheries Department Ms. Manvi Damle, Advocate h/f Mr. Maulik Nanavati, Advocate for R-4/GPCB

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ORDER

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Learned counsel for the applicant has drawn our attention to para no.5 of our previous order dated 15.04.2026, wherein we had written by mistake Gujarat State Coastal Agriculture Authority through its Member Secretary be impleaded as Respondent No.5, while the correct name should have been Coastal Aquaculture Authority through its Chairperson.

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When we enquired from learned counsel for the applicant as to whether he has impleaded the said Authority as Respondent No.5, if he knows the correct name, he replied in the negative. We direct him to implead the Coastal Aquaculture Authority through its Chairperson as

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Page 1 of 3

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Respondent No.5 and place on record an amended memo of parties forthwith. Thereafter, Registry shall issue Notice to the newly impleaded Respondent to file their reply affidavit in this matter, returnable within four weeks.

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From the side of Respondent No.1- State of Gujarat through Principal Secretary, Forest and Environment Department, Government of Gujarat and for Respondent No.2- Principal Secretary, Fisheries Department, Government of Gujarat, learned counsel Ms. Shruti Umesh has put in appearance and submitted that she has filed reply affidavit dated 11.07.2026 on behalf of Respondent No.2 only and a copy of the same has already been served upon all the other parties. She has further submitted that she does not want to file reply affidavit on behalf of Respondent No.1 and Respondent No.1 would be relying on the Joint Committee Report.

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I.A. NO.298 OF 2026 (WZ)

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This I.A. has been moved by the applicant with a prayer to permit him to add Coastal Aquaculture Authority as Respondent No.5 in the present Original Application.

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We allow the above I.A., as we have already issued direction in this regard above.

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I.A. NO.298 OF 2026 (WZ) stands disposed of.

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I.A. NO.300 OF 2026 (WZ)

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This I.A. has been moved by the applicant with the prayer to issue directions to the Respondents as per para no.10 of this I.A.

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Page 2 of 3

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We are not in agreement with the argument of learned counsel for the applicant, who submits that the cognizance of this matter was taken on a letter petition filed by the applicant, therefore, he could not seek amendment in the present Original Application.

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At this stage, we direct him to file full-fledged Original Application, containing therein all the pleadings as well as prayers, which he wants to bring on record before this Tribunal and that the same be filed by him within two weeks.

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I.A. NO.300 OF 2026 (WZ) stands disposed of.

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One I.A. is also found to have been filed in this Original Application by the applicant namely Animal Welfare Foundation represented through its Managing Trustee, seeking therein impleadment as one of the Respondents in the present Original Application.

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As per the report of the Registry, there are several defects in the above I.A.

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Today, none has appeared to press the above I.A. Therefore, in the interest of justice, we grant one opportunity to the applicant in this I.A. to remove the defects within a week, failing which we will be left with no option but to reject this I.A. for non-removal of the defects.

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Put up this matter for further consideration on 20.08.2026.

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Justice Dinesh Kumar Singh, JM

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Sudhir Kumar Chaturvedi, EM

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July 13, 2026 ORIGINAL APPLICATION NO.87 OF 2025 (WZ) I.A. NO.298 OF 2026 (WZ) & I.A. NO.300 OF 2026 (WZ) P.Kr.

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Page 3 of 3

Rajendra Shah v. State of Gujarat through Principal Secretary Forest and Environment Department

Case brief

What is this about?

What did the court decide?

Rajendra Shah v. State of Gujarat through Principal Secretary Forest and Environment Department

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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