Supreme Court of India
M/S Aravali Power Co. Pvt. Ltd. vs Vedprakash on 10 May, 2022
Author: D.Y. Chandrachud
Bench: Pamidighantam Sri Narasimha, Dhananjaya Y Chandrachud
CA 1692-1693/2020
1
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal Nos 1692-1693 of 2020
M/s Aravali Power Co Pvt Ltd Appellant
Versus
Vedprakash and Another Respondents
WITH
Civil Appeal No 3236 of 2020
Civil Appeal Nos 3171-3172 of 2020
Civil Appeal No 3231 of 2020
Civil Appeal Nos 3229-3230 of 2020
Civil Appeal No 2947 of 2020
Civil Appeal No 3235 of 2020
Civil Appeal No 3237 of 2020
Civil Appeal No 3398 of 2020
Civil Appeal No 2838 of 2020
Signature Not Verified
Digitally signed by
Chetan Kumar
Date: 2022.05.19
18:56:09 IST
Reason:
CA 1692-1693/2020
2
Civil Appeal No 3040 of 2020
Civil Appeal No 2713 of 2020
Civil Appeal No 2760 of 2020
Civil Appeal No 2803 of 2020
Civil Appeal Nos 3232-3233 of 2020
Civil Appeal No 2946 of 2020
Civil Appeal Nos 3038-3039 of 2020
Civil Appeal No 3234 of 2020
Civil Appeal Diary No 17940 of 2020
Civil Appeal No 3173 of 2020
Civil Appeal No 3575 of 2020
Civil Appeal Diary No 22073 of 2020
Civil Appeal Nos 3971-3972 of 2020
Civil Appeal No 225 of 2021
&
Civil Appeal Diary No 8142 of 2021
CA 1692-1693/2020
3
JUDGMENT
Dr Dhananjaya Y Chandrachud, J 1 Permission to file the civil appeal is granted.
2 This batch of connected appeals has arisen from the judgments of the National Green Tribunal1 pertaining to the utilization and disposal of fly ash by thermal power plants. Among the orders of the NGT are orders dated 24 October 2019, 22 November 2019, 12 February 2020, 21 August 2020, 16 September 2020 (rejecting a review of the order dated 21 August 2020) and 28 September 2020 (rejecting a review of the order dated 12 February 2020).
A tabulated chart indicating the civil appeals and the corresponding orders of the NGT is set out below:
Case Particulars Particulars of Gist of the impugned order impugned order CA No 1692- Order dated The matter pertained to the 1693/2020 24.10.2019 passed issue of the handling of by NGT in accumulated fly-ash at the OA No 834/2018 units of M/s NTPC Aravali Power Co. (P) Ltd. and M/s Jhajjar Power Ltd. (CLP India) in District Jhajjar, Haryana.
1“NGT” CA 1692-1693/2020 4 The NGT directed that the evacuation of the fly-ash stored in the ash ponds of M/s. Indira Gandhi Super Thermal Power Project, Jhajjar, Haryana, was to be completed by 31.12.2020.
Haryana Pollution Control
Board was directed to ensure
compliance. It was further
directed to take the
Performance Guarantee of
Rs. 50 Lakhs to ensure
compliance.
Order dated Since Aravali Power Co. was
22.11.2019 not a party in the
passed by proceedings before the NGT,
NGT in MA the MA was filed by Aravali
No 231/2019 in Power Co. Pvt. Ltd. for OA No. impleadment and 834/2018 modification was dismissed.
CA No 3236/2020 Order dated The issue pertained to the
12.02.2020 management of fly-ash
passed by generated by Thermal Power
NGT in OA Plants.
No 102/2014.
The TPPs to take prompt
steps for scientific disposal of fly-ash in accordance with the statutory notification issued by the MoEF & CC under the provision of Environmental Protection of Act, requiring 100% utilization and disposal of fly-
ash [based on the Notification dated 27.01.2016 and its predecessor CA 1692-1693/2020 5 Notifications].
For the non-compliant TPPs, environmental compensation needs to be determined w.e.f.
the cut-off date, i.e., 31.12.2017, as stipulated in the Notification dated 27.01.2016.
CPCB may accordingly compute and levy
Environmental Compensation in accordance with the formula prescribed in the impugned order and submit the compliance report to the NGT.
CA No 3171- Common Same as in
3172/2020 order dated CA No 3236/2020
12.02.2020
passed by
NGT in
OA Nos
102/2014 &
117/2014.
CA No 3231/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in OA
No 102/2014.
CA No 3229- Common Same as in
3230/2020 order dated CA No 3236/2020
12.02.2020
passed by
NGT in
CA 1692-1693/2020
6
OA Nos
102/2014 &
117/2014.
CA No 2947/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA No 3235/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA No 3237/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA No 3398/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
117/2014.
CA No 2838/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA 1692-1693/2020
7
CA No 3040/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA No 2713/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA No 2760/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA No 2803/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA No 3232- Common Same as in
3233/2020 order dated CA No 3236/2020
12.02.2020
passed by
NGT in
OA Nos
102/2014 &
117/2014
CA No 2946/2020 Order dated Same as in
CA 1692-1693/2020
8
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA No 3038- Common Same as in
3039/2020 order dated CA No 3236/2020
12.02.2020
passed by
NGT in
OA Nos
102/2014 &
117/2014.
CA No 3234/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA Diary No. Order dated Same as in
17940-2020 12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
117/2014.
CA No 3173/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
102/2014.
CA 1692-1693/2020
9
CA No 3575/2020 Order dated Same as in
12.02.2020 CA No 3236/2020
passed by
NGT in
OA No
117/2014.
CA Diary No. Common Same as in
22073-2020 order dated CA No 3236/2020
12.02.2020
passed by
NGT in
OA Nos
102/2014
&
117/2014.
CA Nos 3971- Order dated The application sought
3972/2020 21.08.2020 remedial action against
passed by Aravali Power Company
NGT in OA Private Limited, Jhajjar,
No172/2020 Haryana, for not properly
disposing-off the fly ash
generated by it on the
ground that it adversely
affected the Agricultural land in the area.
The application was
disposed-off in light of the
Order dated 24.10.2019
passed by NGT in O.A. No.
834/2018.
CA 1692-1693/2020
10
[Challenged in CA Nos.
1692-1693/2020]
Order dated Review of the order dated
16.09.2020 21.08.2020 passed by NGT in
passed by O.A. No 172/2020 was
NGT in RA sought. The application was
No. 25/2020 in dismissed.
OA No
172/2020.
CA No 225/2021 Order dated Review of the order dated 12-
28.09.2020 02-2020 passed by NGT in OA
passed by No 102/2014 & other
NGT in RA connected matters were
No 27/2020 in sought. The Application was
OA No dismissed.
102/2014.
[The order dated 12-02-
2020 passed by NGT in
O.A. No. 102/2014 & other
connected matters has
been challenged in the
appeal at Sl. No. 1.1 and
other matters].
CA Diary No. Order dated Same as in
8142-2021 12.02.2020 CA No 3236/2020
passed by
NGT in
O.A. No.
102/2014
3 The NGT was seized of the issue pertaining to the handling of accumulated
fly ash at the units of several thermal power producers. In the course of its analysis in the above orders, the NGT came to the conclusion that the CA 1692-1693/2020 11 Thermal Power Plants2 had failed to take adequate steps for the scientific disposal of fly ash in accordance with the statutory notifications issued by the Ministry of Environment and Forest and Climate Change 3 under the provisions of the Environment Protection Act 1986.
4 The MoEF & CC issued a Notification dated 14 October 1999 requiring manufacturers of clay bricks, tiles, blocks or construction activities to mix at least 25% of ash. By a notification dated 27 August 2003, amendments were made to the above notification requiring construction agencies to use 100% of the fly ash in a phased manner up to 3 August 2007. A further amendment was made by a notification dated 27 January 2016 which extended the time period to achieve 100% utilization of fly ash until 31 December 2017. The NGT directed that for non-compliant TPPs’, the environmental compensation must be determined with effect from 31 December 2017, which is the cut-off date stipulated in the Notification dated 27 January 2016. The Central Pollution Control Board4, was accordingly directed to compute environmental compensation in accordance with the formula accepted by the NGT and to report compliance. Consequential directions have been issued in pursuance of the above directions.
5 During the pendency of the proceedings before this Court, a notification was 2“TPP” 3“MoEF & CC” 4“CPCB” CA 1692-1693/2020 12 issued by the MoEF&CC on 31 December 2021 in exercise of powers conferred by Section 3 of the Environment (Protection) Act 1986. 5 This notification was issued in supersession of Notification No 763(E) dated 14 September 1999. By the notification, the Union Government has formulated parameters for ash utilization from coal or lignite thermal power plants.
Paragraph A(5) of the said notification provides a timeline for the utilization of ‘legacy ash’, that is unutilized accumulated ash which was stored before the publication of the notification:
“The unutilized accumulated ash i.e. legacy ash, which is stored before the publication of this notification, shall be utilized progressively by the thermal power plants in such manner that the utilization of legacy ash shall be completed fully within ten years from the date of publication of this notification and this will be over and above the utilization targets prescribed for ash generation through current operations of that particular year:
Provided that the minimum quantity of legacy ash in percentages as mentioned below shall be utilized during the corresponding year and the minimum quantity of legacy ash is to be calculated based on the annual ash generation as per installed capacity of thermal power plant.
Year from date of 1st 2nd 3rd-10th
publication
Utilisation of At least 20 per At least 35 per At least 50 per
legacy ash (in cent cent cent
percentage of
Annual ash)
5 Notification No. 5481(E)
CA 1692-1693/2020
13
Provided further that the legacy ash utilisation shall not be required where ash pond or dyke has stabilised and the reclamation has taken place with greenbelt or plantation and the concerned State Pollution Control Board shall certify in this regard. Stabilisation and reclamation of an ash pond or dyke including certification by the Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall be carried out within a year from the date of publication of this notification. The ash remaining in all other ash ponds or dykes shall be utilised in progressive manner as per the above mentioned timelines. Note: The obligations under sub-paragraph (4) and (5) above for achieving the ash utilisation targets shall be applicable from 1st April, 2022.
[…]”
6 The consequence of the notification dated 31 December 2021 is that the earlier notifications would get subsumed by the terms of the notification. The NGT in the impugned orders had found fault with the TPPs due to their failure to comply with the notification dated 25 January 2016 and the extended deadline which was fixed for the utilization of fly ash. In view of the subsequent development which has taken place, the basis of the order of the NGT would be fundamentally altered by the modalities and time-lines which are prescribed by the notification dated 31 December 2021. In view of the latest notification, the orders of the NGT would have to be set aside together with the imposition of the measure of compensation as directed in the impugned orders.
7 During the course of the hearing, counsel appearing on behalf of some of the contesting parties have fairly alluded to certain deficiencies in the CA 1692-1693/2020 14 notification dated 31 December 2021, particularly in the context of the loading, unloading, transport, storage and disposal of fly ash in an environmentally sound manner to ensure that it does not cause air and water pollution. Mr Tapesh Kumar Singh, learned AAG who appears for the State of Jharkand submitted a note of submissions to assist the court, in his personal capacity as an officer of the court. In this context, reliance has been placed on an order dated 24 September 2013 of a two-Judge Bench of this Court in SLP(C) No 30381 of 2011 when the Court was seized of a tender dispute relating to transportation of fly ash. While dealing with the dispute, the following directions were issued by the Court:
“Allotment of the contract and transportation work shall, however, be subject to the following further conditions:
1. The contractor shall abide by the directions issued by the Government of India, if any, under Section 5 of the Act, or the requirement of any Rules that may be framed by the Government of India under Section 6 of the Act, or instructions/circulars, if any, issued by the Central Pollution Control Board as to nuisance free transportation of ash, including Pond Ash from the Thermal Power Stations to abandoned mines and to other destinations, as the case may be;
2. Pending issue of any directions or framing of any Rules by the Government of India or issuance of any instructions/circulars by the Central Pollution Control Board, the transportation work shall be undertaken by the contractors who emerge successful only by using mechanized steel covered container trucks which would ensure that after the Pond Ash is loaded into the truck, it has no opportunity to fly out of the container to cause any kind of environmental hazard. We leave the details of CA 1692-1693/2020 15 specifications, if any, of such trucks to the Corporation and its Engineers to be specified in the course of negotiations to be conducted with the bidders.”
8 By an earlier order dated 13 August 2013 in the above proceedings, this Court had impleaded CPCB in order to ascertain whether it had prescribed any standards or framed any rules regarding the loading, unloading, utilization and nuisance free transportation of all types of ash including fly ash, bottom ash and pond ash generated by TPPs. During the pendency of those proceedings, certain steps were taken by this Court to scrutinize whether any standards or measures have been prescribed by the CPCB.
However, on 22 January 2016, SLP(C) No 30381 of 2011 and the connected matters were dismissed on the ground that they had been rendered infructuous.
9 Apart from the above proceedings, during the course of the hearing, this Court has been apprised of the regulatory provisions contained in the Hazardous and Other Wastes (Management and Transboundary Movement) Rules 20166 including rules 3(17), 3(23), 3(33) and 3(34) of the Rules. In this context, it has been submitted that the Union Government is duty bound to formulate rules to guarantee that the loading, unloading, utilization and transportation of fly ash takes place in a manner to prevent environmental hazards.
6“Rules of 2016” CA 1692-1693/2020 16 10 At this stage, it would be material to note the provisions of paragraph A(7) of the notification dated 31 December 2021 which reads as follows:
“(7) Every coal or lignite based thermal power plant shall ensure that loading, unloading, transport, storage and disposal of ash is done in an environmentally sound manner and that all precautions to prevent air and water pollution are taken and status in this regard shall be reported to the concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) in Annexure attached to this notification.”
11 Paragraph E of the notification deals with enforcement, monitoring, audit and reporting. Paragraphs (3) and (5) of paragraph E are extracted below:
“(3) For the purpose of monitoring the implementation of the provisions of this notification, a committee shall be constituted under the Chairperson, Central Pollution Control Board (CPCB) with members from Ministry of Power, Ministry of Coal, Ministry of Mines, Ministry of Environment, Forest and Climate Change, Ministry of Road Transportation and Highways, Department of Heavy Industry as well as any concerned stakeholder(s), to be nominated by the Chairman of the committee. The committee may make recommendations for effective and efficient implementation of the provisions of the notification. The committee shall meet at least once in six months and review annual implementation reports and the CA 1692-1693/2020 17 committee shall also hold stakeholder consultations for monitoring of ash utilisation as mandated by this notification by inviting relevant stakeholder(s) at least once in six months. The committee shall submit the six monthly report to Ministry of Environment, Forest and Climate Change (MoEFCC).
(5) The compliance audit for ash disposal by the thermal power plants and the user agency shall be conducted by auditors, authorised by Central Pollution Control Board (CPCB) and audit report shall be submitted to Central Pollution Control Board (CBCB) and concerned State Pollution Control Board (SPCB) or Pollution Control th Committee (PCC) by 30 November every year. Central Pollution Control Board (CPCB) and concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall initiate action against non-
compliant thermal power plants within fifteen days of receipt of audit report.” 12 In view of the above background, it would be necessary for the MoEF&CC to revisit whether the parameters which have been prescribed by the notification dated 31 December 2021 must be modified taking into account the provisions of the Rules of 2016, to the extent to which the applicability of the Rules is attracted to the utilization, transportation and disposal of fly ash.
Besides conducting this exercise, MoEF&CC shall ensure that the enforcement, monitoring, audit and reporting mechanism which is envisaged CA 1692-1693/2020 18 in paragraphs E(3) and E(5) of the notification dated 31 December 2021 is duly put into place and enforced scrupulously. Unless steps have already been taken to enforce the precautionary steps envisaged in the notification, MoEF&CC shall do so within a period of three months from the date of this judgment. In doing so the precautionary principle shall be followed. The MoEF&CC shall also determine upon due analysis whether any further modification of the notification is necessary to comply with the provisions of the Rules of 2016 noticed above and other cognate legislation, including subordinate legislation bearing on the utilization, transport and disposal of fly ash in an environmentally sustainable manner.
13 In view of the above discussions, and having regard to the notification dated 31 December 2021, the impugned orders of the National Green Tribunal shall stand set aside.
14 The appeals shall stand disposed in terms of the above directions.
15 We clarify that this judgment shall not be construed as a decision on merits upholding the validity of the notification dated 31 December 2021. Any party aggrieved by the terms of the notification would be at liberty to pursue the remedies which are available in law before the appropriate forum. CA 1692-1693/2020 19 16 IA No 111919 of 2020 in Civil Appeal Nos 3171-3172 of 2020 for impleadment stands allowed.
17 Pending applications, if any, stand disposed of.
….....…...….......………………........J. [Dr Dhananjaya Y Chandrachud] ..…....…........……………….…........J. [Pamidighantam Sri Narasimha] New Delhi;
May 10, 2022 CKB CA 1692-1693/2020 20 ITEM NO.13 COURT NO.4 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 Nos.1692-1693/2020 M/S ARAVALI POWER CO. PVT. LTD. Appellant(s) VERSUS VEDPRAKASH & ANR. Respondent(s) (With IA No.134670/2021 - APPROPRIATE ORDERS/DIRECTIONS, IA No.128136/2020 - APPROPRIATE ORDERS/DIRECTIONS, IA No.129240/2020 - EARLY HEARING APPLICATION, IA No.23615/2020 - EX-PARTE STAY and IA No.5533/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) WITH C.A. No.3236/2020 (XVII) (With IA No.87564/2020 - EX-PARTE STAY, IA No.87565/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.161912/2021 - EXEMPTION FROM FILING O.T., IA No.66164/2021 - EXEMPTION FROM FILING O.T. and IA No.89318/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) C.A. No.3171-3172/2020 (XVII) (With IA No.84524/2020 – CLARIFICATION/DIRECTION, IA No.25634/2022 – CLARIFICATION/DIRECTION, IA No.97880/2020 - EX-PARTE STAY, IA No.84528/2020 - EX-PARTE STAY, IA No.84108/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 84107/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.66109/2021 - EXEMPTION FROM FILING O.T., IA No.161872/2021 - EXEMPTION FROM FILING O.T., IA No.111919/2020 – INTERVENTION/IMPLEADMENT and IA No.111933/2020 - STAY APPLICATION) C.A. No.3231/2020 (XVII) (With IA No.161908/2021 - COMPROMISE R.3 O.23, IA No.66122/2021 - EXEMPTION FROM FILING O.T. and IA No.86566/2020 - STAY APPLICATION) C.A. Nos.3229-3230/2020 (XVII) (With IA No.81426/2020 - EX-PARTE STAY, IA No.81427/2020 - CA 1692-1693/2020 21 EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.161860/2021 - EXEMPTION FROM FILING O.T.) C.A. No.2947/2020 (XVII) (With IA No.73066/2020 - EX-PARTE AD-INTERIM RELIEF, IA No.121720/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.73068/2020
- EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.73069/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) C.A. No.3235/2020 (XVII) (With IA No.91413/2020 - APPLICATION FOR PERMISSION, IA No.87581/2020 - EX-PARTE STAY, IA No.161880/2021 - EXEMPTION FROM FILING O.T. and IA No.66178/2021 - EXEMPTION FROM FILING O.T.) C.A. No.3237/2020 (XVII) (With IA No.87550/2020 - EX-PARTE STAY, IA No.87552/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.161896/2021 - EXEMPTION FROM FILING O.T., IA No.66092/2021 - EXEMPTION FROM FILING O.T. and IA No.54823/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) C.A. No.3398/2020 (XVII) (With IA No.90240/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.90239/2020 - STAY APPLICATION) C.A. No.2838/2020 (XVII) (With IA No.161902/2021 - EXEMPTION FROM FILING O.T., IA No.141090/2021 - EXEMPTION FROM FILING O.T., IA No.66101/2021 - EXEMPTION FROM FILING O.T. and IA No.71022/2020 - STAY APPLICATION) C.A. No.3040/2020 (XVII) (With IA No.114323/2020 - CONDONATION OF DELAY IN FILING THE SPARE COPIES, IA No.161838/2021 - EXEMPTION FROM FILING O.T., IA No.66135/2021 - EXEMPTION FROM FILING O.T. and IA No.78881/2020 - STAY APPLICATION) C.A. No.2713/2020 (XVII) (With IA No.107268/2020 - APPLICATION FOR PERMISSION, IA No.59150/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.59148/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.66173/2021 - EXEMPTION FROM FILING O.T., IA No.64390/2020 - STAY APPLICATION and IA No.59147/2020 - STAY APPLICATION) C.A. No.2760/2020 (XVII) (With IA No.59960/2020 - EX-PARTE AD-INTERIM RELIEF and IA No. 59961/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No.2803/2020 (XVII) CA 1692-1693/2020 22 (With IA No. 66117/2021 - EXEMPTION FROM FILING O.T. and IA No.67828/2020 - STAY APPLICATION) C.A. Nos.3232-3233/2020 (XVII) (With IA No.82790/2020 - EX-PARTE STAY, IA No.82791/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.161831/2021 - EXEMPTION FROM FILING O.T. and IA No.66142/2021 - EXEMPTION FROM FILING O.T.) C.A. No.2946/2020 (XVII) (With IA No.71609/2020 - EX-PARTE AD-INTERIM RELIEF, IA No.121787/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.71610/2020
- EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.71611/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) C.A. Nos.3038-3039/2020 (XVII) (With IA No.76921/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.76919/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.66088/2021 - EXEMPTION FROM FILING O.T. and IA No.76918/2020
- STAY APPLICATION) C.A. No.3234/2020 (XVII) (With IA No.121767/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.83649/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.83648/2020 - GRANT OF INTERIM RELIEF and IA No.83652/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No.17940/2020 (XVII) (With IA No.103036/2020 - EX-PARTE STAY, IA No.66154/2021 - EXEMPTION FROM FILING O.T. and IA No.103035/2020 - PERMISSION TO FILE APPEAL) C.A. No.3173/2020 (XVII) (With IA No.121716/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.86737/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.86736/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.86738/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES and IA No. 86734/2020 - STAY APPLICATION) C.A. No.3575/2020 (XVII) (With IA No.105951/2020 - EX-PARTE STAY, IA No.105952/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.66130/2021 - EXEMPTION FROM FILING O.T.) Diary No.22073/2020 (XVII) (With IA No.105908/2020 - EX-PARTE STAY, IA No.105907/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA CA 1692-1693/2020 23 No.161889/2021 - EXEMPTION FROM FILING O.T., IA No.66084/2021 - EXEMPTION FROM FILING O.T. and IA No.105906/2020 - PERMISSION TO FILE APPEAL) C.A. Nos.3971-3972/2020 (XVII) (With IA No.127787/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No.225/2021 (XVII) (With IA No.29764/2021 - EX-PARTE STAY, IA No.29766/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No.11885/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.66112/2021 - EXEMPTION FROM FILING O.T. and IA No.11884/2021 - EXEMPTION FROM FILING O.T.) Diary No.8142/2021 (XVII) (With IA No.49137/2021 - EX-PARTE STAY, IA No.63604/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No.49138/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No.49136/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.49135/2021 - PERMISSION TO FILE APPEAL) Date : 10-05-2022 These matters were called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Appellant(s) Mr. Anil Grover, Sr. AAG Ms. Noopur Singhal, Adv. Mr. Rahul Khurana, Adv.
Mr. Satish Kumar, Adv.
Mr. Sanjay Kumar Visen, AOR Ms. Ritu Rastogi, Adv.
Mr. Suresh Kumar Bhan, Adv.
Ms. Madhumita Bhattacharjee, AOR Mr. Deep Rao Palepu, Adv. Ms. Prerna Priyadarshini, AOR Ms. Priyashree Sharma PH, Adv. CA 1692-1693/2020 24 Mr. Arjun Agarwal, Adv.
Ms. Syed F. Alam, Adv.
Mr. Ashok K. Gupta, Sr. Adv. Mr. Abhishek Gupta, Adv. Ms. Ikshita Singh, Adv.
Mr. Kapil Raghav, Adv.
Ms. Sunita Sharma, AOR Mr. Dishant Bhati, Adv.
Mr. Sajan Poovayya, Sr. Adv. Mr. Shri Venkatesh, Adv. Ms. Nishtha Kumar, AOR Mr. Suhael Buttan, Adv.
Mr. V.N. Kannan, Adv.
Ms. Raksha Agrawal, Adv.
Mr. Shailesh Madiyal, AOR Mr. Sudhanshu Prakash, Adv.
Mr. Bharat Sangal, Sr. Adv. Ms. Babita Kushwaha, Adv. Mr. Nagarkatti Kartik Uday, AOR Mr. Kaustubh Shukla, AOR Ms. Ranjana Roy Gawai, Adv. Ms. Vasudha Sen, Adv.
Mr. Vineet Wadhwa, Adv.
Ms. Divya Roy, AOR Mr. Sanjay Ghalawat, Adv. Mr. Kedar Nath Tripathy, AOR Mr. Suresh Kumar Bhan, Adv.
Mr. Manish Singhvi, Sr. Adv. Mr. Kartik Seth, Adv.
Ms. Shriya Gilhotra, Adv. Ms. Garima Saxena, Adv.
Mr. Sahil Nagpal, Adv.
CA 1692-1693/2020 25 M/s. Chambers of Kartik Seth Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. Aniket Prasoon, Adv. Ms. Parul Shukla, Adv.
Mr. Nishant Rao, Adv.
Ms. Shweta Vashisth, Adv. Mr. E.C. Agrawala, AOR Mr. Adarsh Tripathi, Adv. Mr. Vikaran Singh Baid, Adv. Mr. Saurabh Yadav, Adv.
Mr. Gaurav, AOR Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Ms. Rajeswari Mukherjee, Adv.
For Respondent(s) Ms. Aishwarya Bhati, ASG Mr. Mukesh Kumar Maroria, AOR Mr. Rajat Nair, Adv.
Mr. Shailesh Madiyal, Adv. Mr. Udai Khanna, Adv.
Mr. Sughosh Subramaniyam, Adv.
Ms. Aishwarya Bhati, ASG Mr. Rajat Nair, Adv.
Mr. Shailesh Madiyal, Adv. Mr. Udit Khanna, Adv.
Mr. Sughosh Subramanyam, Adv. Ms. Deepabali Dutta, Adv. Mr. Amrish Kumar, AOR Ms. Aishwarya Bhati, ASG Ms. Ruchi Kohli, Adv.
Mr. Siddhant Kohli, Adv. Ms. Suhasini Sen, Adv.
Mr. Shantanu Sharma, Adv. Mr. Rajat Nair, Adv.
CA 1692-1693/2020 26 Mr. Udit Khanna, Adv.
Mr. Sughosh Subramanyam, Adv. Ms. Deepabali Dutta, Adv. Mr. Shailesh Madiyal, Adv. Mr. Athulesh Kumar, Adv. Mr. Harish Pandey, Adv.
Mr. Ajay Kumar Singh, Adv. Mr. Rahul G. Tanwani, Adv. Mr. Rustam Singh Chauhan, Adv. Mr. Manvendra Singh, Adv. Mr. Sarad Kumar Singhania, Adv. Mr. Gurmeet Singh Makker, AOR Mr. Gaurav, AOR Mr. Vardhman Kaushik , AOR Ms. Manika Tripathy Pandey, AOR Mr. Ashutosh Kaushik, Adv. Mr. Shubham Hasija, Adv. Mr. Manish Vashist, Adv.
Mr. Neeraj Kumar Gupta, AOR Mr. Ranjeet Kumar Singh, Adv. Ms. Anjali Mishra, Adv.
Ms. Pallavi Kumari, Adv. Ms. Arti Prasad, Adv.
Mr. Abhishek Kumar, Adv.
Mr. Sanjay Kumar Visen, AOR Mr. Nikilesh Ramachandran, AOR Mr. Shubham Seth, Adv.
Ms. Mrinal Chaudhry, Adv.
Mr. Shailesh Madiyal, AOR Mr. Sudhanshu Prakash, Adv. Ms. Neha Jain, Adv.
Mr. Prateek Samjpati, Adv. Mr. Rajan Parmar, Adv.
CA 1692-1693/2020 27 Mr. Raj Bahadur Yadav, AOR Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv.
Mr. Manoj Kr. Sharma, Adv.
Mr. Praveen Swarup, AOR Ms. Payal Swarup, Adv.
Mr. Kaushik Chaudhary, Adv. Mrs. Archana Sharma, Adv.
Mr. Nishit Agrawal, AOR Mr. Harsh Mishra, Adv.
Mr. Azmat Hayat Amanullah, AOR Ms. Nitya Sharma, Adv.
Ms. Aswathi M.K., AOR Ms. Shirin Khajuria, AOR Mr. Abhishek Atrey, AOR Ms. Deepanwita Priyanka, AOR Mr. Tapesh Kumar Singh, AAG Mr. Kumar Anurag Singh, Adv. Ms. Tulika Mukherjee, AOR Ms. Aastha Shrestha, Adv. Mr. Beenu Sharma, Adv.
Mr. Sachin Patil, AOR Mr. Rahul Chitnis, Adv.
Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv.
Ms. Shewtal Shepal, Adv.
Mr. Sunny Choudhary, AOR CA 1692-1693/2020 28 Ms. Mrinal Gopal Elker, AOR Mr. Manish Yadav, Adv.
Ms. Pratibha Yadav, Adv. Mr. Prafull Singh Chandel Adv.
Mr. Sibo Sankar Mishra, AOR Mr. Rajesh Kumar Nayak, Adv.
Mr. M. Yogesh Kanna, AOR Mr. Ajay Vikram Singh, AOR Ms. Priyanka Singh, Adv. Ms. Himanshi, Adv.
Mr. Narendra Rana, Adv.
Mr. Abhimanyu Tewari, AOR Ms. Eliza Bar, Adv.
Mr. Saurabh Mishra, AAG Mr. Pashupathi Nath Razdan, AOR Mr. Susheel Tomar, Adv.
Mr. Prakhar Srivastava, Adv. Ms. Sneh Bairwa, Adv.
Dr. Manish Singhvi, Sr. Adv. Mr. Arpit Parkash, Adv.
Mr. D.K. Devesh, AOR Mr. Upendra Pratap Singh, Adv. Mr. Harsh Singh Rawat, Adv. Mr. Abhinav S. Raghuvanshi, Adv. Mr. Suprabh Kumar Roshan, Adv.
Ms. Aparna Rohatgi Jain, Adv. Mr. Mahesh Kasana, Adv.
Mr. S.K. Verma, AOR Mr. Avijit Roy, AOR Mr. Manish Kumar Choudhary, Adv. Ms. Namita Choudhary, AOR CA 1692-1693/2020 29 Ms. Raj Lakshmi Singh, Adv.
Mr. S.C. Verma, Sr. Adv.
Mr. Sumeer Sodhi, AOR Mr. Prannoy Joe Sebastian, Adv.
Mr. G.M. Kawoosa, Adv.
Ms. Taruna Ardhendumauli Prasad, AOR Mr. V.N. Raghupathy, AOR Mr. Apzal Ansari, Adv.
Mr. Prakash Jadav, Adv.
Mr. Arjun Garg, AOR Mr. Shibashish Misra, AOR Mr. Chirag M. Shroff, AOR Mr. Amandeep Mehta, Adv.
Mr. Suvendu Suvasis Dash, AOR Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv.
Mr. Rupesh Kumar, AOR Ms. Pankhuri Shrivastava, Adv. Ms. Neelam Sharma, Adv.
Mr. Firdouse Qutb Wani, AOR Mr. Akshay Verma, AOR Mr. Pawan, Adv.
Ms. Uttara Babbar, AOR Ms. Binu Tamta, AOR CA 1692-1693/2020 30 Mr. Nitin Mishra, AOR Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv. Ms. Kumud Nijhawan, Adv.
Mr. Alok Gupta, AOR Ms. Richa Kapoor, AOR Mr. Kunal Anand, Adv.
Ms. Jyoti Zongluju, Adv. Mr. Prateek Bhandari, Adv.
Ms. Asha Gopalan Nair, AOR Ms. Nivedita Nair, Adv.
Mr. Anjani Kumar Singh, Adv. Mr. Arun Gopalan Nair, Adv.
Mr. Siddhesh Kotwal, Adv. Ms. Ana Upadhyay, Adv.
Ms. Manya Hasija, Adv.
Ms. Preeti Singh, Adv.
Mr. Akash Singh, Adv.
Mr. Nirnimesh Dube, AOR Mr. Shri Venkatesh, Adv. Ms. Kanika Chugh, Adv.
Mr. Nitin Saluja, AOR Mr. V.M. Kannan, Adv.
Mr. Jatin Ghuliani, Adv. Mr. Suhael Buttan, Adv.
Ms. Priyanka, Adv.
Mr. Yashish Chandra, Adv. Mr. Ramakant Rai, Adv.
Mr. Somesh Srivastava, Adv. Mr. Sandeep Devashish Das, AOR Ms. Mehak Sood, Adv.
Mr. Deep Roy, Adv.
CA 1692-1693/2020 31 Mr. Rony Oommen John, Adv. Mr. Piyush Swami, Adv.
Mr. Arshdeep Singh, Adv.
Dr. Joseph Aristotle S., Adv. Ms. Nupur Sharma, Adv.
Mr. Shobhit Dwivedi, Adv. Mr. Sanjeev Kumar Mahara, Adv.
UPON hearing the counsel the Court made the following O R D E R 1 Permission to file the appeal is granted.
2 The appeals are disposed of in terms of the signed reportable judgment.
3 IA No 111919 of 2020 in Civil Appeal Nos 3171-3172 of 2020 for impleadment stands allowed.
4 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master (Signed Reportable Judgment is placed on the file)