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Supreme Court - Daily Orders

Conservation Action Trust vs National Highway Authority Of India . on 20 January, 2016

Bench: Chief Justice, A.K. Sikri, R. Banumathi

                                                                                      1

     ITEM NO.2                           COURT NO.1                 SECTION IX

                               S U P R E M E C O U R T O F       I N D I A
                                       RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)..CC                No(s).19567-19573/2015

     (Arising out of impugned final judgment and order dated 25-02-2015,
     04-03-2015, 11-06-2015, 30-07-2015 passed by the High Court Of
     Judicature at Bombay, Nagpur Bench, Nagpur in PIL No.88 of 2013 and
     Order dated 11.09.2015 in C.A.O. Nos.1671/15, 1683/15 and 1684/15
     in PIL No.88 of 2013)

     CONSERVATION ACTION TRUST                                        Petitioner(s)

                                                 VERSUS

     NATIONAL HIGHWAY AUTHORITY OF INDIA & ORS.                       Respondent(s)

     I.A. 1/2015(with permission to file SLP and office report)

     WITH

     T.P.(C) D. 34205/2015
     (With appln.(s) for permission to file T.P. and Office Report)

     SLP(C) No. 30788-30790/2015
     (With appln.(s) for permission to file lengthy list of dates and
     Interim Relief and Office Report)

      S.L.P.(C)...CC No. 568-571/2016
     (With appln.(s) for permission to file SLP and Office Report)

     Date : 20/01/2016 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE THE CHIEF JUSTICE
                         HON'BLE MR. JUSTICE A.K. SIKRI
                         HON'BLE MRS. JUSTICE R. BANUMATHI

     For Petitioner(s)
                                   Mr.   Shyam Divan, Sr. Adv.
                                   Ms.   Madhvi Divan, Adv.
                                   Ms.   Nidhi Khanna, Adv.
                                   Ms.   Madhusmita Bora, Adv.
Signature Not Verified
                                   Mr.   Sanjay Parikh, Adv.
Digitally signed by
ASHOK RAJ SINGH
Date: 2016.01.22
                                   Ms.   Anitha Shenoy, Adv.
16:50:48 IST
Reason:                            Ms.   Ninni Susan Thomas, Adv.
                                   Mr.   Ritwick Dutta, Adv.
                                   Ms.   Vshruti Vijay, Adv.

                                   Mr. Prashant Bhushan, Adv.
                                                                           2

                         Ms. Rashmi Nandakumar,Adv.


For Respondent(s)
                         Mr. Mukul Rohtagi, AG
                         Mr. Abhinav Mukerji, Adv.
                         Ms. Purnima Krishna, Adv.

                         Ms.   Pinky Anand, ASG
                         Ms.   Kritika Sachdeva, Adv.
                         Ms.   Snidha Mehra, Adv.
                         Mr.   Nishant, Adv.

           UPON hearing the counsel the Court made the following
                              O R D E R

Heard.

Permission to file SLPs as well as T.P. is allowed.

We do not see any merit in these special leave petitions/transfer petition especially when from a reading of order dated 11.09.2015 it is evident that the question of safeguards is still open before the High Court. There is no gainsaying that it would be open to the petitioner(s) herein to approach the High Court and make their submissions in regard to mitigating measures that need to be taken while permitting the proposed widening of the highway. The High Court will we hope and trust examine the issue after hearing all the stake holders.

With the above observations, all these special leave petitions/transfer petition are dismissed.

     (Ashok Raj Singh)                          (Saroj Saini)
       Court Master                              Court Master