Supreme Court - Daily Orders
Dileep B. Nevatia vs Union Of India on 6 October, 2017
Bench: A.K. Sikri, Abhay Manohar Sapre, Ashok Bhushan
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2017
DIARY NO. 28556 OF 2017
DILEEP B. NEVATIA ... Appellant
VERSUS
UNION OF INDIA & ORS. ... Respondents
O R D E R
The appellant herein had preferred Original Application (OA) which was dismissed by the National Green Tribunal. Thereafter application for review was filed. However, there was a delay of 38 days in filing the said application and because of this reason, application for condonation of delay was also filed. The Tribunal had dismissed the said application on the ground that the period of limitation for review petitions is 30 days and the Tribunal does not have any power to condone the delay.
Without going into that issue and leaving the question of law open, in exercise of our powers under Article 142 of the Constitution, we condone the delay and direct the National Green Tribunal to decide the review petition on merits.
The appeal stands disposed of.
........................, J.
[ A.K. SIKRI ] Signature Not Verified ........................, J. Digitally signed by NIDHI AHUJA Date: 2017.10.10 [ ABHAY MANOHAR SAPRE ] 16:05:13 IST Reason: New Delhi; ........................, J. October 6, 2017. [ ASHOK BHUSHAN ] ITEM NO.23 COURT NO.4 SECTION S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Diary No. 28556/2017 (Arising out of impugned final judgment and order dated 28-01-2017 in MA No. 338/2016 in RA No. 33/2016 passed by the National Green Tribunal, Western Zone, Pune) DILEEP B. NEVATIA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With IA No.96372/2017-CONDONATION OF DELAY IN FILING and IA No.96373/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 06-10-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Vaibhav Verma, Adv.
Mr. Surender Singh Hooda, AOR Mr. Premtosh Mishra, Adv. Mr. Kaustubh Khera, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in filing the civil appeal is condoned. The appeal stands disposed of in terms of the signed order.
(NIDHI AHUJA) (MADHU NARULA)
COURT MASTER COURT MASTER
[Signed order is placed on the file.]