Supreme Court - Daily Orders
Hanuman Laxman Aroskar vs Union Of India on 29 April, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Miscellaneous Application No. 810 of 2019
IN
Civil Appeal No. 12251 of 2018
Hanuman Laxman Aroskar Appellant(s)
Versus
Union of India & Ors. Respondent(s)
ORDER
Mr. Parag Tripathi, learned senior counsel appearing on behalf of the applicant (original fifth respondent) has submitted that the concessionaire needs to carry out protective work at the site in view of the impending monsoon which is likely to commence in the first week of June 2019.
In response to the Miscellaneous Application, in the counter affidavit filed on behalf of the original appellant, certain concerns have been expressed, more specifically to the effect that in carrying out the protective work, there should be no alteration of the existing state of the environment.
In order to allay the apprehension, Mr. Tripathi states that:
(i) The work which is proposed to be carried out is only to ensure that the site is protected during the course of the current monsoon in the present state;
(ii) In the course of de-watering, necessary precautions will be taken to ensure that no flooding is caused in the neighbouring villages; and Signature Not Verified Digitally signed by MANISH SETHI (iii) In the course of de-silting the natural water sources shall not be affected in Date: 2019.05.01 16:59:59 IST Reason: any manner.
We record the aforesaid assurance and statement. 2 In addition, we also direct that the Union Ministry of Environment, Forests and Climate Change shall depute a duly qualified officer, preferably an engineer either from its own cadre or from any other central agency independent of the contesting parties to supervise the protective work which is being carried out. We record that this direction has been issued with the specific consent of the concessionaire before the Court.
Subject to the aforesaid assurances and directions, we permit the concessionaire to carry out the protective work before the monsoon. The exact nature of the work which is being carried out shall be documented and placed before this Court on affidavit, together with photographs. A copy thereof shall be provided to counsel for the appellant.
The Miscellaneous Application is, accordingly, disposed of. Pending application(s), if any, shall also stand disposed of.
…...……………………................................J. (Dr. Dhananjaya Y. Chandrachud) ….…………………………............................J. (Hemant Gupta) New Delhi April 29, 2019 3 ITEM NO.24 COURT NO.9 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION NO. 810/2019 IN CIVIL APPEAL NO. 12251/2018 (Arising out of impugned final judgment and order dated 29-03-2019 in C.A. No. No. 12251/2018 passed by the Supreme Court Of India) HANUMAN LAXMAN AROSKAR Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (IA 64507/2019-FOR CLARIFICATION/DIRECTION) Date : 29-04-2019 This matter was called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA Counsel for the parties:-
Ms. Anitha Shenoy, Sr. Adv. Ms. Rashmi Nandakumar, AOR Ms. Kanika Sood, Adv.
Mr. K.K. Venugopal, AG Mr. Pratap Venugopal, Adv. Mr. Akhil Roy, Adv.
Mr. Sahil Singh, Adv.
Mr. A.N.S. Nadkarni, ASG Ms. Suhasini Sen, Adv. Mr. S.B. Narayan, Adv. Mr. S.S. Rebello, Adv. Mr. Jai Dehadrai, Adv. Ms. Shivangini Gupta, Adv.
Mr. Parag Tripathi, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. M.S. Ananth, Adv. Ms. Aastha Mehta, Adv. Mr. Vanshi Rao, Adv.
Mr. E. C. Agrawala, AOR 4 UPON hearing the counsel the Court made the following O R D E R The Miscellaneous Application 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)