NIRMA LIMITED Vs. MINISTRY OF ENVIRONMENT AND FOREST

JUDGEMENT

(1.) THIS is an application filed by the Respondent No. 5 in the appeal praying that the above appeal be transferred to the Western Zonal Bench at Pune of the National Green Tribunal (for short 'NGT').

(2.) THE contention raised on behalf of the applicant herein is that the applicant was ordered to be impleaded as Respondent No. 5 vide order of the Tribunal dated 1st May, 2012 and he has filed his reply and is contesting the appeal on merits. According to the applicant, the Central Government vide Notification dated 17th August, 2011, in exercise of its powers under Section 4(3) of the National Green Tribunal Act, 2010 (for short 'the Act') has specified that the Western Zone Bench of the NGT will have territorial jurisdiction over the matters pertaining to Maharashtra, Gujarat, Goa with Union Territories of Daman, Diu and Dadra and Nagar Haveli. Subsequently the Bench at Pune was established on 25th August, 2013. The Chairperson of NGT vide order dated 13th August, 2013 had directed that all the cases under the jurisdiction of Western Zone of the NGT shall be transferred to the NGT Western Zone Bench at Pune. On the above premises, the applicant contends that now the present appeal ought to be transferred to the Pune Bench of the Tribunal.

(3.) AT the very outset, we may notice that neither the appellant nor the Ministry of Environment and Forest, the principal Respondent in the case, or any other Respondent in the case supported the prayer of Respondent No. 5 for transfer of the case to the Pune Bench.