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M/S. Narayani Guest House vs Society For Preservation Of Kasauli And ... on 17 April, 2018

Bench: Madan B. Lokur, Deepak Gupta

                                      IN THE SUPREME COURT OF INDIA
                                       CIVIL APPELLATE JURISDICTION

                                     Civil Appeal   No(s).   8343/2017

     M/S. NARAYANI GUEST HOUSE                                            Appellant(s)

                                                    VERSUS

     SOCIETY FOR PRESERVATION OF
     KASAULI AND ITS ENVIRONS                                             Respondent(s)
                                                  WITH
                                     Civil Appeal No(s).     8346/2017

                                     Civil Appeal   No(s).   8345/2017

                                     Civil Appeal   No(s).   8365/2017

                                     Civil Appeal   No(s).   8367/2017

                                     Civil Appeal   No(s).   8366/2017

                                     Civil Appeal   No(s).   8369/2017

                                     Civil Appeal   No(s).   8368/2017

                                    Civil Appeal    No(s).   10252/2017

                                    Civil Appeal    No(s).   10413/2017

                                    Civil Appeal    No(s).   10431/2017

                                    Civil Appeal    No(s).   10618/2017

                                    Civil Appeal    No(s).   10573/2017


                                                O R D E R

We have heard learned counsel for the parties and find there is a huge amount of unauthorized construction in the premises in question. Apart from causing a hazard to the environment, it has also put lives of tourists and others in danger. It has come on record that at one time, a landslide Signature Not Verified Digitally signed by had occurred.

Date: 2018.04.20 15:19:39 IST Reason:

We accordingly direct the respondents to carry out the 1 demolition of the unauthorized construction within a period of 15 days from today and report compliance. The fine imposed by the National Green Tribunal should also be deposited with the concerned authorities within 15 days from today. The appellants are obliged to obtain a Consent to Operate before proceeding further.

The civil appeals stand disposed of. We are grateful for the assistance rendered by Mr. P.S. Patwalia, learned senior advocate.

Civil Appeal No(s). 10377/2017 Learned counsel for the appellants says that he will comply with Direction Nos. 1 to 3 in terms of the order passed by the National Green Tribunal. It is further stated that an application for Consent to Operate has been filed on 12.08.2017. The authority should consider this within a period of two weeks after the demolition is carried out.

List the matter after four weeks. In the meanwhile, the fine imposed by the NGT should be deposited with the concerned authorities within 15 days.

…....................J. [MADAN B. LOKUR] …....................J. [DEEPAK GUPTA] NEW DELHI;

APRIL 17, 2018.

                                     2
ITEM NO.16                 COURT NO.4               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). 8343/2017 M/S. NARAYANI GUEST HOUSE Appellant(s) VERSUS SOCIETY FOR PRESERVATION OF KASAULI AND ITS ENVIRONSRespondent(s) (FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS AND STAY APPLICAION) WITH Civil Appeal No(s). 8346/2017 Civil Appeal No(s). 8345/2017 Civil Appeal No(s). 8365/2017 Civil Appeal No(s). 8367/2017 Civil Appeal No(s). 8366/2017 Civil Appeal No(s). 8369/2017 Civil Appeal No(s). 8368/2017 Civil Appeal No(s). 10252/2017 Civil Appeal No(s). 10377/2017 Civil Appeal No(s). 10413/2017 Civil Appeal No(s). 10431/2017 Civil Appeal No(s). 10618/2017 Civil Appeal No(s). 10573/2017 Date : 17-04-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Appellant(s) Mr. Sumeer Sodhi, Adv.

Mr. Aman Nandrajog, Adv.

Mr. Arjun Nanda, Adv.

Mr. Jaikriti S. Jadeja, AOR Mr. T. Mahipal, AOR 3  Ms. Vandana Sehgal, AOR Mr. Rohan Thawani, Adv.

Mr. Hardeep Singh Anand, Adv. Mr. Aanad Daga, Adv.

Ms. Gunjan Ahuja, Adv.

Mr. Vinay Kuthiala, Sr. Adv.

Ms. Vandana Kuthiala, Adv.

Mr. Shaurya Kuthiala, Adv.

Mr. Gurpreet Singh, Adv.

Mr. Bakul Jain, Adv.

Mr. Ranjit B. Raut, adv.

Mrs. Bina Gupta, AOR Mrs. Surbhi Kapoor, Adv.

Mr. T. Mahipal, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Ruchir Midha, Adv.

Mr. Karthik K.R., Adv.

For Respondent(s)     Mr. Ashok K. Mahajan, AOR

H.P.                  Mr. Ajay Marwha, Adv.
                      Mr. Mool Singh, Adv.

UPON hearing the counsel the Court made the following O R D E R Civil Appeal No(s). 10377/2017 List the matter after four weeks in terms of the signed order. Rest of the matters The civil appeals are disposed of in terms of the signed order.

Pending applications, if any, are disposed of.

(MEENAKSHI KOHLI)                     (TAPAN KUMAR CHAKRABORTY)
  COURT MASTER                                   COURT MASTER

[Signed order is placed on the file] 4