Supreme Court - Daily Orders
Central Electicity Supply Utility Of ... vs Government Of India on 25 March, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 1989 OF 2019
CENTRAL ELECTICITY SUPPLY UTILITY OF ODISHA Appellant(s)
VERSUS
GOVERNMENT OF INDIA Respondent(s)
O R D E R
The appeal arises from an order dated 20 December 2018 of the National Green Tribunal1.
The NGT took up the case on the basis of a report dated 28 October 2018 in the Times of India highlighting the death of seven elephants in Orissa on their coming into contact with hanging live wires installed by the appellant. The Tribunal constituted a joint team to visit the site and to submit a report. The report and the recommendations of the team were placed before the NGT. After perusing the report, the NGT directed the appellant to pay an amount of Rs 4 crores over and above an amount of Rs 1 crore which had been deposited in pursuance of an earlier order dated 30 October 2018.
The Tribunal has also issued directions to the appellant Signature Not Verified Digitally signed by MANISH SETHI Date: 2019.03.28 to undertake maintenance work so as to obviate such incidents 15:46:40 IST Reason: in future. The amount directed to be deposited by the appellant 1 “NGT” 2 was required to be transferred to the Forest Department of Odisha to utilise it for taking remedial measures for protecting elephant corridors.
The grievance of the appellant is that it has not been heard by the NGT before the impugned order was passed.
From the order of the NGT, we find that the appellant had submitted a response to the order dated 30 October 2018. Learned counsel for the appellant states that this response was filed before the joint team and that the appellant was not heard by the NGT.
From the above narration, we find that the order directing the appellant to deposit a sum of Rs 4 crores has been passed without hearing the appellant. As a matter of fact, appearances recorded in the impugned order do not indicate that there was any representation on behalf of the appellant before the Tribunal.
In the circumstances, we are inclined to allow the appeal by setting aside the impugned order dated 20 December 2018 insofar as it directs the appellant to deposit an additional amount of Rs 4 crores. We order accordingly.
The appellant has already deposited Rs 1 crore in pursuance of the previous directions of the Tribunal.
We direct that the appellant shall, within a period of four weeks from today, file a comprehensive affidavit before the Tribunal setting out the steps which it has taken for obviating mishaps of the nature that gave rise to the proceeding before the Tribunal. The appellant is duty bound to 3 take all necessary steps and is accountable for its lapses, if any. The appellant is duty bound to ensure that live wires do not pose hazards to wild animals including elephants.
Conditional on the appellant filing an affidavit setting out the concrete steps which have been taken to obviate such hazards, we presently set aside the order directing the payment of Rs 4 crores.
The appellant shall, however, appear before the Tribunal in pursuance of the above directions and shall be heard before final orders are passed after considering the response of the appellant.
The appeal is, accordingly, disposed of. Pending application(s), if any, shall stand disposed of.
.............................J. (DR. DHANANJAYA Y. CHANDRACHUD) .............................J. (HEMANT GUPTA) NEW DELHI MARCH 25, 2019 4 ITEM NO.56 COURT NO.8 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(s). 1989/2019 CENTRAL ELECTICITY SUPPLY UTILITY OF ODISHA Appellant(s) VERSUS GOVERNMENT OF INDIA Respondent(s) (IA 26903/2019) Date : 25-03-2019 These matters were called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Appellant(s) Mr. M.C. Chaturvedi, Adv. Mr. Anand Chandra Swain, Adv. Mrs. Akanksha V. Chandok, Adv. Mr. Harshit Sanwal, Adv. Dr. S. K. Verma, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is 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)