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Supreme Court - Daily Orders

Sarvodaya Public School vs The Transport Commissioner on 10 May, 2019

Bench: S.A. Bobde, S. Abdul Nazeer

                                                         1

     ITEM NO.50                                  COURT NO.2                  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.6146/2019

     (Arising out of impugned final judgment and order dated 13-09-2018
     in OA No. 644/2018 passed by the National Green Tribunal)

     SARVODAYA PUBLIC SCHOOL & ORS.                                           Appellant(s)

                                                        VERSUS

     THE TRANSPORT COMMISSIONER & ORS.                                        Respondent(s)

     (IA No.42546/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.42545/2019-EX-PARTE STAY and IA No.42542/2019-
     CONDONATION OF DELAY IN FILING APPEAL)

     Date : 10-05-2019 This appellant was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE S.A. BOBDE
                            HON'BLE MR. JUSTICE S. ABDUL NAZEER

     For Petitioner(s)                   Mrs. Rani Chhabra, AOR

     For Respondent(s)                   Ms.   Chinmayee Chandra, Adv.
                                         Mr.   Udit, Adv.
                                         Mr.   Prashant Singh, Adv.
                                         Mr.   G.S. Makker, AOR

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

Delay condoned.

We have heard learned counsel appearing for the parties and perused the record.

We find from the order dated 27.07.2018 passed by the National Green Tribunal, Principal Bench, New Delhi Signature Not Verified (at page 66 Annexure P-6 in the appeal paper-book) vide Digitally signed by SANJAY KUMAR Date: 2019.05.10 16:40:21 IST Reason: paragraph nos.10 and 11 that the Tribunal permitted diesel buses of more than 10 years old to ply for the unexpired period of three years on the condition that they will not 2 enter into NCT Delhi.

Accordingly, we permit the appellants to ply diesel buses for the unexpired period of three years from today on the condition that they will not enter into NCT Delhi. However, Ms. Chinmayee Chandra, learned counsel appearing for the respondent – Ministry of Road, Transport and Highways, prays for some time to make a statement about the availability of environmental friendly modes of transport.

Prayer is allowed.

List the matter after the ensuing summer vacation, 2019.

(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR