ABHAY KUMAR AKOLKAR vs STATE OF MADHYA PRADESH

1 Item No.

02 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing) Original Application No.

No.

70/2022(CZ) (I.A.No.64/2023) (I.A.No.65/2023) Abhay Kumar Akolkar Applicant(s) Versus State of M.P. & Ors.

Respondent(s) Date of Hearing : 14.09.2023 CORAM: HON’BLE MR.

JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR.

A SENTHIL VEL EXPERT MEMBER For Applicant(s): Mr.

Shantanoo Saxena, Adv.

For Respondent(s) : Mr.

Prashant M.

Harne, Adv.

Mr.

Manav Tanwani, Adv.

Azmat H.

Amanullah, Adv.

Mehul Bhardwaj, Adv.

Deepesh Joshi, Adv.

Shivanshu Singh Hooda, Adv.

Yogesh Bhatnagar, Adv.

Vijay Assudam, Adv. (with Mr.

Rakshat Assudam, Adv.) Mr.

Nishant Awana, Adv.

Ashwani Vohra, Adv.

Mahesh, Adv.

ORDER (I.A.No.64/2023) 1.

This I.A. has been filed by the intervener Mr.

Suresh Singh Shekhavat with the prayer that the document filed by the applicant intervener may be taken on record as the additional facts for consideration of precise boundaries of Teliya Talab to protect the water bodies.

2.

The matter of precise boundaries of talab and its consideration has been referred to a committee by Hon’ble the Supreme Court of India vide order dated 22.03.2023 passed in Civil Appeal No.

5328/2016.

2 3.

In light of the direction issued by the Hon’ble the Supreme Court of India.

The I.A.No.64/2023 stands disposed of accordingly. (I.A.No.65/2023) 4.

This is an application moved by learned counsel for the respondents for taking annexure R-15 and R-16 on record.

The records filed by applicant may be kept on record.

The I.A.No.65/2023 disposed of accordingly.

5.

Learned counsel for the State has submitted that the version of the Collector as narrated on the previous date was with reference to the submission of the report of the committee and that should be taken in light of the order of the Hon’ble Supreme Court of India because the matter was referred for consideration on submission of report by a particular committee nominated nominated by the Collector or as assigned by the Hon’ble Supreme Court of India.

6.

Learned counsel for the respondent has submitted that in view of the prayer clause of the application nothing survives and the application may be disposed of.

In reply of the above contention learned counsel for the applicant has submitted that in light of the direction issued by Hon’ble Supreme Court of India (in para 25) the adjudication with regard to precise boundary has been enhanced by the Hon’ble Supreme Court of India and the matter still survives for consideration and disposal.

7.

The report is on the record.

Copy of the same is available on the website of this Tribunal or may be taken as a copy from the State Pollution Control Board.

8.

Pleadings are complete.

Parties are at liberty to file their written submission if any before the next date of listing.

List it on 16th October, 2023 for hearing.

Sheo Kumar Singh, JM Dr.

A Senthil Vel, EM 14th September, 2023 O.A No.

70/2022(CZ) PN