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M/S Chander Stone Crusher vs The State Of Haryana on 29 August, 2023

Bench: Abhay S. Oka, Pankaj Mithal

     ITEM NO.12                              COURT NO.7                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). 32450/2023

     (Arising out of impugned final judgment and order dated 18-01-2023
     in OA No. 607/2018 passed by the National Green Tribunal)

     M/S CHANDER STONE CRUSHER                                             Petitioner(s)

                                                     VERSUS

     THE STATE OF HARYANA & ORS.                                           Respondent(s)

     (IA No.166688/2023-CONDONATION OF DELAY IN FILING and IA
     No.166686/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.166684/2023-EX-PARTE STAY and IA No.166681/2023-
     PERMISSION TO FILE APPEAL and IA No.166680/2023-PERMISSION TO FILE
     ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

     Date : 29-08-2023 This petition was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE ABHAY S. OKA
                           HON'BLE MR. JUSTICE PANKAJ MITHAL

     For Petitioner(s)
                                      Mr. Pranav Sarthi, AOR
                                      Mr. Gaurav Vutts, Adv.

     For Respondent(s)



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

Permission is granted to file Civil Appeal. Application for exemption from filing a certified copy of the impugned judgment is allowed.

Heard the learned counsel appearing for the appellant.

Digitally signed by Anita Malhotra Date: 2023.09.01

Delay condoned.

Reason: 1  The submission of the learned counsel appearing for the appellant is that a direction has been issued to the appellant to pay compensation, though the appellant was not a party before the National Green Tribunal and therefore, the appellant was not granted an opportunity of being heard.

Issue notice returnable on 6th November, 2023. In the meanwhile, we direct that the direction issued enjoining the appellant to pay compensation in terms of the paragraph 15 of the impugned order will remain stayed.

Action of closure of the stone crusher unit of the appellant shall not taken only on the ground of non- payment of compensation in terms of the impugned judgment.

(ANITA MALHOTRA)                                             (AVGV RAMU)
   AR-CUM-PS                                                COURT MASTER




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