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Supreme Court - Daily Orders

Arkay Energy (Rameswaram) Limited vs Tamil Nadu Pollution Control Board on 20 September, 2021

Bench: Hemant Gupta, V. Ramasubramanian

                                                    1

     ITEM NO.32                   Court 11 (Video Conferencing)             SECTION XII

                                  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)                  No(s).   14363/2021

     (Arising out of impugned final judgment and order dated 06-09-2021
     in WAMD No. 1699/2021 passed by the High Court of Judicature at
     Madras At Madurai)

     ARKAY ENERGY (RAMESWARAM) LIMITED                                  Petitioner(s)


                                                   VERSUS


     TAMIL NADU POLLUTION CONTROL BOARD & ORS.                          Respondent(s)

     (FOR ADMISSION and I.R. and IA No.115674/2021-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT )

     Date : 20-09-2021 This petition was called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE HEMANT GUPTA
                            HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
     For Petitioner(s)                 Mr. M.S Krishnan, Sr. Adv
                                       Mr. Balaji Srinivasan, AOR
                                       Mr. Anirudh Krishnan, Adv.
                                       Mr. Adarsh Subramanian, Adv.
                                       Mr. Shiva Krishnamurti, Adv.
                                       Mr. Advaidh Nelakantann, Adv.
                                       Ms. Kshipra Pyare, Adv.
                                       Mr. M.B.R.S Raju, Adv.
                                       Mrs. Lakshmi Rao, Adv.
                                       Ms. Aakriti Priya, Adv.

     For Respondent(s)

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

Learned counsel for the petitioner contends that no appeal is maintainable before the National Green Tribunal in respect of an Signature Not Verified Digitally signed by R Natarajan Date: 2021.09.21 order passed under Section 31-A of the Air (Prevention and Control 10:33:02 IST Reason: of Pollution) Act, 1981. The present is a case of a composite order also under Section 33-A of the Water (Prevention and Control 2 of Pollution) Act, 1974. Therefore, the remedy of the petitioner would be before the High Court only.

Issue notice, returnable within one week. Dasti, in addition, is also permitted.

Liberty is also granted to learned counsel for the petitioner to serve the standing counsel for the Tamil Nadu Pollution Control Board.

(SWETA BALODI)                                         (RENU BALA GAMBHIR)
COURT MASTER (SH)                                      COURT MASTER (NSH)