Supreme Court - Daily Orders
M.C.Mehta In Re Kant Enclave Matters vs Union Of India on 10 October, 2017
Bench: Madan B. Lokur, Deepak Gupta
ITEM NO.14 COURT NO.3 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 4677/1985
M.C.MEHTA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
I.A. NOS. 2310/2008
(FOR INTERVENTION AND DIRECTIONS/CLARIFICATION OF CT'S ORDER DT.
14.5.2008)
IA NOS. 2378-2379/2009 (FOR STAY AND PERMISSION TO FILE OBJECTIONS
TO THE CEC REPORT)
IA NO. 2269 (FOR DIRECTIONS)
IA NO. 2270 (FOR CLARIFICATION OF CT'S ORDER)
IA NO. 2393 (FOR DIRECTIONS)
Date : 10-10-2017 These applications were called on for hearing
today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
Mr. Ranjit Kumar, SG (Amicus)
Mr. A.D.N. Rao, Adv.
For Petitioner(s) Petitioner-in-person
For Respondent(s) Mr. Kapil Sibal, Sr. Adv.
Mr. D.C. Pandey, Adv.
Mr. Rajiv Gurum, Adv.
Mr. Aditya M. Prasad, Adv.
CEC Mr. A.N.S. Nadkarni, ASG
Mr. A.K. Panda, Sr. Adv.
Mr. R.K. Rathore, Adv.
Mr. B.V. Balaram Das, Adv.
Mr. Ajay Sharma, Adv.
Mr. Ajay Kumar Singh, Adv.
Mr. S. Wasim A. Qadri, Adv.
Signature Not Verified
Mr. Amit Sharma, Adv.
Mr. Gurmeet Singh Makker, Advocate
Digitally signed by
MEENAKSHI KOHLI
Date: 2017.10.11
11:19:51 IST
Reason:
CPCB Mr. Vijay Panjwani, Adv.
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Mr. D.C. Pandey, Advocate
Haryana Mr. Anil Grover, AAG
Mr. Satish Kumar, Adv.
Mr. Sanjay Kumar Visen, Advocate
Mr. Sandeep Yadav, Adv.
Mr. Anil Kumar Mishra, Advocate
Mr. Shivaji M. Jadhav, Advocate
Mr. T.V. George, Advocate
Mr. D.N. Goburdhun, Adv.
Ms. Pallavi Chopra, Adv.
Ms. Uttara Babbar, Adv.
Ms. Akanksha Choudhary, Adv.
UPON perusing papers the Court made the following
O R D E R
The learned Amicus has raised a preliminary objection to the effect that these interim applications ought to be heard by a Bench of 3 Judges. We have shown him as well as to Mr. Kapil Sibal, learned senior counsel appearing for the applicants a Note which has been approved by Justice S.H. Kapadia, Hon'ble the Chief Justice on 26.07.2010.
The note that was put up before Hon'ble the Chief Justice and which was approved reads as follows:
(A) I.A.s/Crl.M.Ps. filed in a matter referred to a 3 JJ Bench, be listed before the 2 JJ Bench which referred the matter and if the 2 JJ Bench is not available for listing, due to retirement of the Hon'ble Judge or otherwise, then the I.A./Crl.M.P. be listed before the 2 JJ Bench as per subject category allocation.
AND (B) I.As / Crl.M.Ps filed in a matter referred to a Constitution Bench, be listed before the 3 JJ Bench which referred the matter and if such 3 JJ Bench is not available for sitting due to retirement of the Hon'ble Judges or otherwise, then the 2 I.A./Crl.M.P. be listed before the 3 JJ Bench as per subject category allocation.
The learned Amicus and Mr. Kapil Sibal submit where a recall or a modification of order passed by 3 Judges Bench is required to be considered then that application should be listed before a Bench of 3 Judges otherwise all applications particularly matters relating to T.N. Godavarman and M.C. Mehta can be heard by a Bench of 2 Judges. We accept this submission. The Registry will make a note of this for future reference.
In view of this, the question whether present applications can be heard by a Bench of 2 Judges or 3 Judges will depend upon the submissions made by the learned Amicus who has raised the preliminary objection.
List the matter on 14th November, 2017 on top of the Board. The Registry will show the cause title instead of 'M.C. Mehta v. Union of India & Ors.' as 'M.C. Mehta In re: Kant Enclave matters' in the Cause List and other references.
(MEENAKSHI KOHLI) (KAILASH CHANDER)
COURT MASTER COURT MASTER
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