Allowed

Dipak Dhansukhbhai Patel v. State of Gujarat

NGT8 Sept 2026IA No. 386/2026 in Original Application No. 27/2026

Case brief

AI extract

What is this about?

The Tribunal allowed interim applications by Respondent No.7 to condone delay in filing reply affidavit and set aside an ex-parte order, directing service of the filed reproduction upon the applicant. Respondent No.8 filed appearance and reply affidavit.

What did the court decide?

I.A.s allowed; ex-parte order against Respondent No.7 set aside; reply affidavit of Respondent No.7 to be served on applicant.

Dipak Dhansukhbhai Patel vs State of Gujarat — Environment and Pollution | NGT (2026)

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(Pune Bench)

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Item No.12

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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.27 OF 2026 (WZ) I.A. NO.384 OF 2026 (WZ), I.A. NO.385 OF 2026 (WZ) & I.A. NO.386 OF 2026 (WZ)

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Dipak Dhansukhbhai Patel & 2 Ors.

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…..Applicants

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Versus

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

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….Respondents

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Date of hearing: 08.09.2026

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CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. SUJIT KUMAR BAJPAYEE, EXPERT MEMBER

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Applicants : Mr. Zaman Ali, Advocate Respondents : Mr. Parth Bhatt, Advocate for R-1/State Envt. Deptt. & R-3/District Collector Mr. Neelkanth Mehta, Advocate for R-2 & 4/GPCB Mr. S.R. Kheskani, Advocate along-with Ms. Aditi Bhardwaj and Mr. Adwait Gokhale, Advocates for R-7/Mora Grampanchayat Mr. Maulik Nanavati, Advocate for R-8/UD & UHD

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ORDER

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From the side of Respondent No.7- Mora Gram Panchayat, an I.A. No.384 of 2026 (WZ) has been filed with the prayer to condone the delay in filing this application for setting aside/recalling of the order dated 09.07.2026 passed by this Tribunal in the present Original Application against the Respondent No.7, whereby this Tribunal had directed to proceed against the Respondent No.7 ex-parte .

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An I.A. No.385 of 2026 (WZ) has also been moved by Respondent No.7 with the prayer that the order dated 09.07.2026 passed by this

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Page 1 of 3

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Tribunal in the present Original Application be set aside to the extent that the Respondent No.7 may be permitted to participate in the proceedings of the present Original Application and to file their reply affidavit.

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An I.A. No.386 of 2026 (WZ) has also been moved by the Respondent No.7 with the prayer to condone the delay of 104 days in filing the reply affidavit to the present Original Application and that the same be taken on record.

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Copies of the above I.A.s are said to have already been served upon the learned counsel for the applicants, who says that he does not have objection against these I.A.s being allowed, subject to the condition that the reply affidavit, which has been filed from the side of Respondent No.7, may be directed to be served upon him. We allow his request and direct the learned counsel for Respondent No.7 to serve the same upon him through e-mail forthwith.

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In view of above, we allow all the above I.A.s and accordingly, exparte order passed against the Respondent No.7 is set aside.

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ORIGINAL APPLICATION NO.27 OF 2026 (WZ)

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From the side of Respondent No.8-Urban Development and Urban Housing Department, learned counsel Mr. Maulik Nanavati has put in appearance and submitted that he has filed reply affidavit dated 05.09.2026. The same is taken on record. He has made it clear that this Tribunal had passed order dated 09.07.2026 to proceed against Respondent No.8 ex-parte , which has not been prayed to be set aside separately. He has further clarified that there is no relief sought against the Respondent No.8, but he is ready to assist this Tribunal in disposing of this matter.

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Page 2 of 3

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From the side of Respondent No.1-State of Gujarat through its Principal Secretary, Forests and Environment Department; and for Respondent No.3- District Collector, Surat, learned counsel Mr. Parth Bhatt has put in appearance and seeks additional two weeks’ time to file reply affidavit. We grant him the said time.

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From the side of Respondent Nos.2 & 4- GPCB, learned counsel Mr. Neelkanth Mehta has put in appearance and submitted that he has already filed reply affidavit in this matter and a copy of the same has already been served upon the learned counsel for the applicants. Therefore, we direct that rejoinder affidavit against the same, if any, may be filed within two weeks.

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Put up this matter for further consideration on 26.10.2026.

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Justice Dinesh Kumar Singh, JM

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Dr. Sujit Kumar Bajpayee, EM

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September 08, 2026 ORIGINAL APPLICATION NO.27 OF 2026 (WZ) I.A. NO.384 OF 2026 (WZ), I.A. NO.385 OF 2026 (WZ) & I.A. NO.386 OF 2026 (WZ) P.Kr.

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Page 3 of 3

Dipak Dhansukhbhai Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Dipak Dhansukhbhai Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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