Heard. Perused record.
Service of Notice is waived on behalf of MoEF&CC. Replies have been filed by Respondent Nos.2, 3, 4, 5, 6, 7 & 9. Law Officer appearing on behalf of Respondent No.8 submits that reply filed by Respondent No.5 MPCB is adopted as the reply of Respondent No.8. Rejoinder dated 22 February, 2016 to the reply of Respondent No.9 is tendered. Copies of the rejoinder have been furnished to the Respondents.
M.A. No. 21/2016
This Application has been moved for a mandate not to issue ex-post facto environmental clearance to Project Proponent Respondent No.9. Learned Counsel appearing on behalf of Authorities Respondent Nos.2 and 3 makes a statement that they will be dealing with the application moved by Respondent No.9 for grant of environmental clearance strictly in accordance with law. In view of the statement made, we do not wish to interfere in the process of law.
Learned Counsel appearing for the Applicant submits that the Application be disposed of in terms of the statement made by the concerned Authorities Respondent Nos.2 and 3. Accordingly, this Applications stands disposed of with no order as to costs.
M.A. No. 21/2016 thus stands disposed of.
E.A. No. 5/2016
As regards Execution Application No. 5/2016, learned counsel appearing on behalf of Applicant seeks liberty to carry out amendment in the Application so as to bring into focus the violation of the interim order dated 23 December 2015, in relation to specific building construction and remedy available under the National Green Tribunal Act, 2010, before this Tribunal. Liberty granted to the Applicant to make necessary amendment in E.A.. Amendment shall be made within a week. Copies of the amended Application shall be furnished to the learned counsel appearing on behalf of Respondents. Respondents may file replies to the amended Application within a week thereafter. Advance copies of the replies be furnished to the Applicant who may file re-joinder thereto, if any, within three (3) days thereafter.