At the motion made to the Bench by Mr. Mishra learned Counsel appearing for contesting Respondent in Application Order No.10 No.184/2015, we have given him audience as learned Counsel brings to our notice an Order passed in M.A. No.389 of 2016 on the file of National Green Tribunal, Principal Bench whereby the Application moved by the Applicant (contesting Respondent) has been considered. It is seen from the Order that Principal Bench has observed accepting the submission made on behalf of the Applicant in M.A. No.389 of 2016 that this matter be heard by the present Bench. In the circumstances, we will list it for final hearing.
At this stage, learned Counsel for Original Applicant submits that submission made is incorrect. Learned Counsel submits that without due notice to the Applicant, Application No.389 of 2016 was moved to Principal Bench making statement that matter be heard which is factually incorrect. He submits had he been notified, he would have brought to the notice of the Principal Bench true facts. The second contention is that Applicant's request to Principal Bench was to hear this matter itself which the Principal Bench declined therefore it does not mean that the present Bench must hear the matter.
We place the submission on record but having read the Order we decipher that request of the Applicant that matter be heard by present Bench is considered. We list it on 19 May, 2016 of course, reserving liberty to Applicant to restore to such remedy as is open.