Supreme Court - Daily Orders
M/S Sai Baba Sales Pvt. Ltd. vs Union Of India on 11 December, 2020
Bench: L. Nageswara Rao, Hemant Gupta, Ajay Rastogi
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No(s). 3893/2020
M/S SAI BABA SALES PVT. LTD. Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
O R D E R
The O.A. No.83/2019 (WZ) (in I.A.No.129/2019) has been filed before the National Green Tribunal, Principal Bench, New Delhi for demolition of an illegal structure set up by M/s Sai Baba Sales Private Limited, Pune.
According to the applicant, construction of 29,000 sq. mtrs. have already been taken place and there is a proposal to increase the capacity to 49012 sq. mtrs.
The Tribunal by its order dated 09.07.2020 constituted a three-member Committee comprising the SEIAA. Maharashtra, the State PCB and the Municipal Commissioner, Pune to submit a report about the factual position. The Committee submitted its report on 24.08.2020.
After considering the report of the Committee, the Tribunal directed remedial steps to be taken in accordance with the recommendation.
Signature Not Verified
The Tribunal imposed interim compensation of Rs. 2 crores to Digitally signed by Indu Marwah Date: 2020.12.15 be deposited within two months with the State PCB with further 11:32:05 IST Reason:
direction that no further construction shall take place without compliance of statutory norms.2
Mr. Huzefa Ahmadi, learned Senior Advocate appearing for the appellant submits that the appellant was not served with notice and was not given an opportunity to make its submissions on the report of the Committee.
We set aside the order dated 17.11.2020 and remit the matter back to the Tribunal with a direction to give an opportunity of hearing to the appellant and pass appropriate order afresh. Mr. Ahmadi submitted that the appellant shall not proceed with the construction without complying with statutory norms. Parties are directed to appear before the Tribunal in the Second Week of January, 2021.
With the aforesaid direction, the appeal is allowed accordingly.
........................J. (L. NAGESWARA RAO) .......................J. (HEMANT GUPTA) .......................J. (AJAY RASTOGI) New Delhi December 11, 2020.
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ITEM NO.17 Court 4 (Video Conferencing) 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). 3893/2020
M/S SAI BABA SALES PVT. LTD. Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IA No. 124673/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 124674/2020 - EXEMPTION FROM FILING O.T. IA No. 124672/2020 - STAY APPLICATION) Date : 11-12-2020 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE AJAY RASTOGI For Appellant(s) Mr. Huzefa Ahmadi, Sr. Adv.
Mr. Ninad Laud, Adv.
Mr. Saurabh Kulkarni, Adv.
Mr. IVO D’Costa, Adv.
Ms. Anshula Vijay Kumar Grover, AOR For Respondent(s) Mr. Mukesh Verma, Adv.
Mr. Yash Pal Dhingra, AOR Mr. Nitin Lonkar, Adv.
Ms. Sonali Suryawanshi, Adv. Mr. Shankey Agrawal, AOR (For Caveator) UPON hearing the counsel the Court made the following O R D E R The Civil Appeal is allowed in terms of the signed order.
Pending applications, if any, shall stand disposed of.
(INDU MARWAH) (ANAND PRAKASH) COURT MASTER (SH) BRANCH OFFICER
((SIGNED ORDER IS PLACED ON THE FILE)