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Supreme Court - Daily Orders

Mahinder Singh vs State Of Nct Of Delhi . on 29 August, 2016

Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud

                                                          1

                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL APPELLATE JURISDICTION

                                       CIVIL APPEAL DIARY NO.28505 OF 2016


     MAHINDER SINGH AND ORS.                                                  Appellant(s)

                                                         VERSUS

     STATE OF NCT OF DELHI AND ORS.                                           Respondent(s)


                                                     O R D E R

Mr. Gopal Jain, learned senior counsel for the appellants submits that since the appellants were not impleaded as party to these proceedings before the National Green Tribunal nor even given an opportunity of being heard, they will have no difficulty in approaching the NGT for appropriate redress.

In the circumstances, therefore we dismiss this appeal as withdrawn with liberty to the appellants to approach the Tribunal for such redress as may be permissible in law. We make it clear that we have not expressed any opinion on the merits of the contentions that may be urged before the Tribunal. We however protect the appellants against demolition of their structure for a period of two weeks from today.

........................CJI. (T.S. THAKUR) ..........................J. (A.M. KHANWILKAR) Signature Not Verified Digitally signed by SHASHI SAREEN Date: 2016.08.30 ..........................J. 16:17:15 IST Reason: (DR. D.Y. CHANDRACHUD) NEW DELHI;

DATED 29th AUGUST, 2016.

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RECORD OF PROCEEDINGS WITH SIGNED ORDER ITEM NO.38 COURT NO.1 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 Diary No(s). 28505/2016 MAHINDER SINGH AND ORS. Appellant(s) VERSUS STATE OF NCT OF DELHI AND ORS. Respondent(s) (with appln. (s) for ex-parte stay and permission to file appeal and office report) Date : 29/08/2016 This appeal was called on for hearing today. CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Appellant(s) Mr. Gopal Jain, Sr. Adv.
Mr. Abhimanyu Bhandari, Adv.
Ms. Gauri Rishi, Adv.
Mr. Sahil Sachdeva, Adv.
Mr. Rajesh P., Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Mr. Gopal Jain, learned senior counsel for the appellants submits that since the appellants were not impleaded as party to these proceedings before the National Green Tribunal nor even given an opportunity of being heard, they will have no difficulty in approaching the NGT for appropriate redress.
In the circumstances, therefore, we dismiss this appeal as 3 withdrawn with liberty to the appellants to approach the Tribunal for such redress as may be permissible in law. We make it clear that we have not expressed any opinion on the merits of the contentions that may be urged before the Tribunal. We however protect the appellants against demolition of their structure for a period of two weeks from today.
(Shashi Sareen)                                   (Veena Khera)
  AR-cum-PS                                       Court Master
(Signed order is placed on the file) 4 Item No.38 COURT NO.1 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 Diary No(s). 28505/2016 MAHINDER SINGH AND ORS. Appellant(s) VERSUS STATE OF NCT OF DELHI AND ORS. Respondent(s) (with appln. (s) for ex-parte stay and permission to file appeal and office report) Date : 29/08/2016 This appeal was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Appellant(s) Mr. Gopal Jain, Sr. Adv.
Mr. Abhimanyu Bhandari, Adv.
Ms. Gauri Rishi, Adv.
Mr. Sahil Sachdeva, Adv.
Mr. Rajesh P., Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Mr. Gopal Jain, learned senior counsel for the appellants submits that since the appellants were not impleaded as party to these proceedings before the National Green Tribunal nor even given an opportunity of being heard, they will have no difficulty in approaching the NGT for appropriate redress.
In the circumstances, therefore, we dismiss this appeal as withdrawn with liberty to the appellants to approach the Tribunal for such redress as may be permissible in law. We make it clear 5 that we have not expressed any opinion on the merits of the contentions that may be urged before the Tribunal. We however protect the appellants against demolition of their structure for a period of two weeks from today.
(Shashi Sareen)                                  (Veena Khera)
  AR-cum-PS                                      Court Master
                   (Signed order to follow)