Supreme Court - Daily Orders
Bhopal Municipal Corporation vs M.Y. Chaudhary on 12 August, 2024
Author: Abhay S. Oka
Bench: Abhay S. Oka
ITEM NO.53 COURT NO.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). 7728/2023
BHOPAL MUNICIPAL CORPORATION Appellant(s)
VERSUS
M.Y. CHAUDHARY & ORS. Respondent(s)
(IA No. 241136/2023 - STAY APPLICATION)
Date : 12-08-2024 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
For Appellant(s) Ms. Vanshaja Shukla, AOR
Ms. Gunjan Chowksey, Adv.
Ms. Ankeeta Appanna, Adv.
Mr. Harendra Narayan, Commissioner, BMC
For Respondent(s) Mr. Arpit Gupta, AOR
Mr. Girish Bhardwaj, Adv.
Mr. Divyapratap Parmar, Adv.
Mr. Mohd Aadil Yar Chaudhary, Adv.
Mr. Shariq Yar Choudhry, Adv.
Mr. Vikramaditya Singh, AOR
Mr. Qasim Ali, Adv.
Mr. Sajal Singhai, Adv.
Mr. Hardeep, Adv.
Mr. Nitish Kant Sharma, Adv.
Ms. Pragati Neekhra, AOR
Mr. Aditya Bhanu Neekhra, Adv.
Mr. Atul Dong, Adv.
Mr. Aniket Patel, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Learned counsel appearing for the appellant pointed out that Digitally signed by KAVITA PAHUJA Date: 2024.08.13 17:25:18 IST Reason: the Commissioner of the Corporation is present through video 1 conference. In the compliance affidavit filed by him, he has explained the delay and has tendered apology for delay. We accept the apology.
In the affidavit, the appellant has not explained whether compliance has been made by the appellant of the provisions of the Solid Waste Management Rules, 2016. In fact, basic details such as quantum of daily generation of solid waste and existing capacity of the Municipal Corporation to deal with solid waste have not been mentioned in the affidavit.
We direct the Commissioner to file a better affidavit disclosing at least the aforesaid two details. After such affidavit is filed, we will await the report of the National Environment Engineering Research Institute (NEERI) in terms of the directions issued in the companion case. Further affidavit shall be filed within three weeks. List on 2nd September, 2024.
Personal presence of the Commissioner is dispensed with.
(KAVITA PAHUJA) (AVGV RAMU)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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