Anoop V. Mohta, J - (1.) Rule. Heard forthwith with the consent the parties. The learned Addl. Government Advocate and learned Advocate waive notice on behalf of the respective respondents.
(2.) The petitioner has challenged impugned order dated 10.1.2017 passed by the National Green Tribunal (Western Zone Pune)(The Tribunal) constituted with powers under the provisions of the National Green Tribunal Act, 2010( NGT Act) and the National Green Tribunal (Practices and Procedure) Rules, 2011 (the Rules) made thereunder.
(3.) By impugned communication the Tribunal has rejected the application filed by the petitioners seeked various reliefs on merit. Learned Senior Counsel appearing for respondent nos.4 and 5 submits that as per Section 22 of the NGT Act, a statutory remedy of appeal to the Supreme Court is available. Petitioner no.1, who is appearing in person, conceded the provision of availability of appeal to the impugned order. However, he submitted that the application so filed before the Tribunal by the petitioner in person, not through an Advocate, has been disposed off by noting the appearance of Counsel/Advocate to whom there were instructions only to ask for time and/or adjournment. There were no instructions to appear and/or argue the matter on its merits. Section 19 itself contemplates that the Tribunal though not bound by the provisions of the Code of Civil Procedure, 1908 (CPC) but should follow the principles of natural justice. The learned Senior Counsel appearing for respondent nos.4 and 5, however, objected to this statement/submission in the background that no such request was made and the Tribunal has passed the impugned order on merits after considering the record in the presence of the Advocate.;