Supreme Court - Daily Orders
M/S Yashaswini Fish Meal And Oil Company vs Union Of India on 17 July, 2020
Bench: L. Nageswara Rao, Hemant Gupta, S. Ravindra Bhat
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2518/2020
M/S YASHASWINI FISH MEAL AND OIL COMPANY Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
O R D E R
The Joint Committee which was constituted by the National Green Tribunal (‘the Tribunal’) by its order dated 11.10.2019 inspected the area and submitted a factual report regarding the allegations made by Respondent Nos.13 and 14 in O.A No. 27 of 2019. After receipt of the report, the Tribunal passed an order dated 7.2.2020 issuing notices to all the respondents and directed the Committee to submit a further report before 27.3.2020. In the order dated 7.2.2020, the Tribunal directed the Committee to assess the environmental compensation against erring industries on the basis of the orders passed in similar cases by the Tribunal by applying the principles and guidelines given by the Central Pollution Control Board after giving an Signature Not Verified Digitally signed by GEETA AHUJA Date: 2020.07.21 opportunity to the parties.
17:17:47 ISTReason:
Mr. S.N.Bhat, learned counsel appearing for the appellant submitted that the Tribunal ought not to have 2 directed the Committee to assess the environmental compensation without hearing the objections to be filed by the appellant to the report. Assessment of environmental compensation would arise only after the objections of the Appellant are considered by the Tribunal.
The appellant is permitted to file objections to the report which is already on record of the Tribunal within a period of three weeks from today. The Tribunal shall decide the matter finally after adjudicating the objections to be made by the appellant to the report without being influenced by any assessment to be made by the Committee regarding the environmental compensation pursuant to the order dated 7.2.2020.
The appeal is disposed of accordingly. Pending application(s), if any, shall stand disposed of.
....................J. (L.NAGESWARA RAO) ....................J. (HEMANT GUPTA) ....................J. (S.RAVINDRA BHAT) NEW DELHI;
17th July, 2020.
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ITEM NO.8 Virtual Court 6 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).2518/2020
M/S YASHASWINI FISH MEAL AND OIL COMPANY Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and IA No.52340/2020-EX-PARTE STAY and IA No.52339/2020-EXEMPTION FROM FILING O.T. and IA No.52317/2020- EXEMPTION FROM FILING PAPER BOOKS ) Date : 17-07-2020 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Appellant(s) Mr. S. N. Bhat, AOR For Respondent(s) Mr. Karunakar Mahalik, AOR Mr. B. Vishwanath Bhandarkar, Adv. Mr. Sarvendra Kumar, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the Signed Order.
Pending application(s), if any, shall stand disposed of.
(Geeta Ahuja) (Anand Prakash)
Court Master Court Master
(Signed Order is placed on the file)