Supreme Court - Daily Orders
M/S Awasthi Traders vs Amit Upadhyay on 11 March, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2019
(Diary No. 7298/2019)
M/S AWASTHI TRADERS & ANR. Appellant(s)
VERSUS
AMIT UPADHYAY & ORS. Respondent(s)
WITH
CIVIL APPEAL NO(S). OF 2019
(Diary No. 5296/2019)
O R D E R
Permission to file the Civil Appeals is granted. Mr. Ranjit Kumar, learned senior counsel appearing on behalf of the appellants submits that by the impugned order of the National Green Tribunal1 dated 17 December 2018, the Tribunal has followed its Order in Appeal No. 263 of 2018 passed on the same day, directing that environment clearance be not proceeded with.
The grievance is that though the appellants were not parties to the proceedings before the Tribunal, the result of the impugned order is that the environmental clearance granted to the appellants has been stayed. Signature Not Verified
Since the Tribunal is seized with the proceedings, we are Digitally signed by MANISH SETHI Date: 2019.03.13 17:56:01 IST Reason: of the view that the grievance of the appellant should be considered by the Tribunal.
1 “Tribunal” 2 We accordingly, direct that if the applicant moves an application for variation of the interim order within a period of one week from today, the Tribunal may expedite the disposal of the application preferably within a period of two weeks thereafter.
All the rights and contentions of the parties are kept open. The civil appeals are, accordingly, disposed of. No costs. Pending application(s), if any, shall stand disposed of.
.............................J. (DR. DHANANJAYA Y. CHANDRACHUD) .............................J. (HEMANT GUPTA) NEW DELHI MARCH 11, 2019 3 ITEM NO.23 COURT NO.11 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). 7298/2019 (Arising out of impugned final judgment and order dated 17-12-2018 in AN No. 264/2018 passed by the National Green Tribunal) M/S AWASTHI TRADERS & ANR. Petitioner(s) VERSUS AMIT UPADHYAY & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.38457/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.38458/2019-EX-PARTE STAY and IA No.38456/2019-EXEMPTION FROM FILING O.T. and IA No.38455/2019- PERMISSION TO FILE APPEAL ) WITH Diary No(s). 5296/2019 (XVII) ( IA No.38758/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.38763/2019-STAY APPLICATION and IA No.38760/2019-EXEMPTION FROM FILING O.T. and IA No.38755/2019- PERMISSION TO FILE APPEAL) Date : 11-03-2019 These appeals were called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Ranjit Kumar, Sr. Adv.
Mr. Abhishek Yadav, AOR Mr. Saurabh Yadav, Adv.
For Respondent(s) Mr. Vanshdeep Dalmia, Adv.
Ms. Natasha Dalmia, Adv.
S. Jain, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are disposed of in terms of the signed order. Pending application(s), if any, shall stand disposed of. (MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)