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North Delhi Municipal Corporation vs President Budhela Welfare Association on 2 August, 2021

Bench: Indira Banerjee, V. Ramasubramanian

                                                      1

     ITEM NO.18                    Court 10 (Video Conferencing)           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). 15182/2021

     (Arising out of impugned final judgment and order dated 04-02-2021
     in OA No. 515/2019 passed by the National Green Tribunal)

     NORTH DELHI MUNICIPAL CORPORATION                                  Petitioner(s)

                                                     VERSUS

     PRESIDENT BUDHELA WELFARE ASSOCIATION & ANR.                       Respondent(s)

     ( IA No.84281/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.84279/2021-EXEMPTION FROM FILING O.T. and IA
     No.84278/2021-PERMISSION TO FILE APPEAL )

     WITH
     Diary No(s). 15754/2021 (XVII)
     ( IA No.84364/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.84361/2021-PERMISSION TO FILE APPEAL)

     Date : 02-08-2021 This petition was called on for hearing today.

     CORAM :                 HON'BLE MS. JUSTICE INDIRA BANERJEE
                             HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN


     For Petitioner(s)                 Mr.   Tushar Mehta, SGI
                                       Mr.   Sanjiv Sen, Sr. Adv.
                                       Mr.   Praveen Swarup, AOR
                                       Ms.   Payal Swarup, Adv.
                                       Mr.   Ameet Singh, Adv.
                                       Ms.   Pareena Swarup, Adv.
                                       Mr.   Raghvendra Shukla, Adv.
                                       Mr.   K.P. Singh, Adv.

     For Respondent(s)


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Signature Not Verified Permission to file the appeals is granted. Digitally signed by SUNIL KUMAR Date: 2021.08.03 10:10:48 IST Reason: Appeals are admitted.

Issue notice to the respondents.

Mr. Tushar Mehta, learned Solicitor General of India appearing on behalf of the appellants submits that the judgment and order under appeal has been passed without notice to the appellants- North Delhi Municipal Corporation (CA D. No. 15182 of 2021) and the South Delhi Municipal Corporation (CA D. No. 15754 of 2021). Accordingly, there will be stay of operation of the judgment and order under appeal. It is made clear that the directions of the Court in M.C. Mehta vs. Union of India reported in (2009) 17 SCC 683 with regard to the use of parks shall strictly be adhered to, and in no circumstances, shall use of parks for the purposes as mentioned in the said judgment be permitted for more than 10 days in a month.

(MANISH ISSRANI)                                       (MATHEW ABRAHAM)
COURT MASTER(SH)                                      COURT MASTER (NSH)