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M/S Ekta Housing Private Limited vs Tanaji Balasaheb Gambhire on 14 July, 2022

Bench: Indira Banerjee, V. Ramasubramanian

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      ITEM NO.8                              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 No.      4494/2022

      M/S EKTA HOUSING PRIVATE LIMITED                                      Appellant(s)

                                                     VERSUS

      TANAJI BALASAHEB GAMBHIRE & ORS.                                      Respondent(s)

      ( IA No.81739/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
      JUDGMENT and IA No.81737/2022-EX-PARTE STAY and IA No.81738/2022-
      EXEMPTION FROM FILING O.T.)

      Date : 14-07-2022 This appeal was called on for hearing today.

      CORAM :                HON'BLE MS. JUSTICE INDIRA BANERJEE
                             HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

      For Appellant(s)                 Mr.   Mukul Rohatgi, Sr. Adv.
                                       Mr.   Neeraj Kishan Kaul, Sr. Adv.
                                       Mr.   Nikhil Rohatgi, Adv.
                                       Mr.   Dhruv Sharma, Adv.
                                       Mr.   Saket Mone, Adv.
                                       Mr.   Subit Chakrabarti, Adv.
                                       Ms.   Apurva Pawar, Adv.
                                       Mr.   Shashank Khurana, Adv.
                                       Mr.   Abhinash Pradhan, Adv.
                                       Ms.   Garima Aggarwal, Adv.
                                       Ms.   Apoorva Kaushik, Adv.
                                       Mr.   Pranaya Goyal, AOR

      For Respondent(s)                Mr. Mukesh Verma, Adv.
                                       Mr. Yash Pal Dhingra, AOR

                                       Mr. Shankey Agrawal, AOR

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

The appeal is admitted.

Mr. Mukul Rohatgi, learned senior counsel submits that his Digitally signed by GULSHAN KUMAR ARORA Date: 2022.07.14 clients will pay penalty of 1% and additional penalty of 0.25% 16:08:17 IST Reason:

imposed by the Ministry of Environment Forests and Climate Change  2 (MOEF&CC) as a condition for grant of ex-post facto Environmental Clearance (EC).

The application dated 08.02.2022 of the Appellant for ex-post facto Environmental Clearance may be considered expeditiously subject to payment of penalty of 1% and an additional penalty of 0.25%, as aforesaid.

There will, however, be stay of the impugned order insofar as compensation of 10% (Rs. 15.99 Crores) has been imposed on the Appellant.

(GULSHAN KUMAR ARORA)                               (MATHEW ABRAHAM)
      AR-CUM-PS                                     COURT MASTER (NSH)