Supreme Court - Daily Orders
Leela Ram Gurjar vs The State Of Rajasthan on 9 January, 2018
Bench: A.K. Sikri, Ashok Bhushan
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).368-369/2018
(Arising out of CIVIL APPEAL Diary No(s). 38653/2017)
LEELA RAM GURJAR & ORS.ETC. APPELLANT(s)
VERSUS
THE STATE OF RAJASTHAN & ORS.ETC. RESPONDENT(s)
O R D E R
Permission to file the appeals are granted. Delay condoned.
We find from the impugned order passed by the Tribunal that the Tribunal has taken note of illegal activities which have been committed by certain illegal Khatedars in whose land illegal stone crusher plants have been identified. At the same time, the Tribunal has also directed the Collector to initiate necessary proceedings in accordance with law. In these circumstances, the Collector after issuing cause of action to individual persons, will have to examine in each case as to whether that particular person has committed any violation or not. It could be open to the appellant to demonstrate that insofar as the appellant is concerned, there is no such violation and whenever such a plea is taken that will be Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2018.01.17 duly examined by the Collector and only if a finding is recorded 17:04:15 IST Reason:
that the appellant has operated illegal stone crusher, further action will be taken.2
With the aforesaid observations, the appeals are disposed of.
......................J. [A.K. SIKRI] ......................J. [ASHOK BHUSHAN] NEW DELHI;
JANUARY 09, 2018.
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ITEM NO.22 COURT NO.6 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(s). 38653/2017 (Arising out of impugned final judgment and order dated 16-08-2017 in RA No. 06/2017 15-03-2017 in OA No. 116/2013 passed by the National Green Tribunal, Central Zonal Bench,Bhopal) LEELA RAM GURJAR & ORS.ETC. Petitioner(s) VERSUS THE STATE OF RAJASTHAN & ORS.ETC. Respondent(s) (IA No.136320/2017-CONDONATION OF DELAY IN FILING and IA No.136324/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.136321/2017-EX-PARTE STAY and IA No.136325/2017-EXEMPTION FROM FILING O.T. and IA No.136319/2017-PERMISSION TO FILE APPEAL) Date : 09-01-2018 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Vikramjit Benerjee, Sr. Adv.
Ms. Babita Yadav, Adv.
Mr. Amit Sharma, Adv.
Mr. Ankit Raj, Adv.
Mr. Bhakti Vardhan Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Permission to file appeal is granted. Delay condoned.
The appeals are disposed of in terms of the signed order. Pending application(s), if any, stands disposed of accordingly.
(ASHWANI THAKUR) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER
(Signed order is placed on the file)