Swacch Association, Nagpur Through Its Secretary, Sharad Biharilal Paliwal v. Ministry Of Environment And Forest, New Delhi Through Its Secretary And Others

1 46-CAO-711-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO. 711 OF 2023 IN CIVIL APPLICATION (O) NO. 638 OF 2023 IN PUBLIC INTEREST LITIGATION NO. 15 OF 2021 (Swacch Association, through its Secretary Vs. Ministry of Environment and Forests, through its Secretary & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Yash Kullarwar with Ms Mitisha Kotecha, Advocate for the petitioner. Shri P.W. Mirza, Advocate for the applicant in Civil Application No. 638/2023. Shri N.A. Padhye with Shri Nachiket Moharir, Advocate for the applicant in Civil Application No. 711/2023.

Shri N.S. Deshpande, Deputy Solicitor General of India for respondent Nos. 1 and 3. Shri Kalyan Chiwarkar, Advocate for respondent No.2. Ms N.P. Mehta, Assistant Government Pleader for respondent Nos. 4 and 5/ State. Shri S.S. Sanyal, Advocate for respondent No.6. Shri J.B. Kasat, Advocate for respondent Nos. 7 and 8. CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI , JJ.

D ATE : MAY 3 , 202 Prayer is to intervene in the present proceedings since it is the case of the applicant that it has been issued the work with regard to the upgradation of Ajni Railway Station.

2] For the reasons stated in the application, the prayer is granted. The applicant is permitted to be impleaded as respondent No.9. 3] The Civil Application is disposed of.

Public Interest Litigation No. 15/2021 4] Affidavit-in-reply is tendered by the learned Deputy Solicitor General of India for respondent No.3. The same is taken on record. 5] Shri Padhye, learned Counsel waives notice for respondent No.9. 6] Shri Kasat, learned Counsel appearing for respondent Nos. 7 and 8 seeks time to place on record the factual position in the light of the reply filed by respondent No.3.

7] The interim directions issued on 25/4/2023 are continued until further orders.

2 46-CAO-711-2023.odt 8] The learned Counsel for the petitioner as well as the learned Counsel for respondent Nos. 7 and 8 submit that complaints have been lodged at Imamwada Police Station in the context of illegal cutting of trees. 9] The learned Assistant Government Pleader appearing for respondent Nos. 4 and 5 to obtain instructions in this regard. 10] Copy of the written complaints addressed to the aforesaid Police Station be handed over to the learned Assistant Government Pleader for taking necessary steps.

11] Stand over to 14/6/2023.

(M.W. CHANDWANI, J.) (A. S. CHANDURKAR, J.) SUMIT AGRAWAL