Supreme Court - Daily Orders
Rana Randeep Singh vs Union Of India on 1 February, 2019
Bench: A.K. Sikri, S. Abdul Nazeer
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.31-32 OF 2019
RANA RANDEEP SINGH APPELLANT(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S)
O R D E R
While issuing notice on 02.1.2019, this Court passed the following order :
“Delay condoned.
It is submitted by the learned counsel for the appellant that the National Green Tribunal ("the Tribunal" for short) has proceeded on the ground that the Environmental Clearance which was given on 19.07.2016, the same was also put in the public domain i.e. the website and this fact is not disputed. It is further submitted that, in fact, there was a dispute. In support of this, learned counsel for the appellant has drawn our attention to the order dated 09.01.2018 wherein the Tribunal has clearly recorded that the appellant had denied that the Environmental Clearance was uploaded on the website of the Department of Environment, Science & Technology, Himachal Pradesh, as contended. In fact, the Tribunal, in that order, has given directions to the respondents to produce the documents in support of their plea that the Order of the Environmental Clearance was put on the website on the same date.
Therefore, according to the appellant, the Tribunal, in the impugned Order, has not correctly recorded that the Environmental Clearance was put in the public domain on the same day which fact is not disputed.
It is further stated that even the review application was filed bringing the aforesaid fact to the notice of the Tribunal but the said review application has Signature Not Verified been dismissed without touching upon the aforesaid Digitally signed by SANJAY KUMAR Date: 2019.02.05 aspect.
16:58:21 IST Reason:
Issue notice, returnable in four weeks.” 2 Having heard learned counsel appearing for the parties and upon perusal of the record, we are of the opinion that this Court should condone the delay in filing Appeal No.57 of 2016 before the National Green Tribunal, Principal Bench, New Delhi, even when the National Green Tribunal did not have the requisite view.
Ordered accordingly.
This order is passed in exceptional circumstances in exercise of our power under Article 142 of the Constitution of India and without making it as a precedent.
Accordingly, these appeals are disposed of and the matter is remitted back to the National Green Tribunal, Principal Bench, New Delhi, for its disposal on merits and in accordance with law.
.....................J [A. K. SIKRI] .....................J [S. ABDUL NAZEER] NEW DELHI;
FEBRUARY 01, 2019.
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ITEM NO.50 COURT NO.2 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 Nos.31-32/2019 RANA RANDEEP SINGH Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With appln.(s) for exemption from filing O.T. and for stay) WITH C.A. No. 11941/2018 (XVII) (FOR STAY APPLICATION ON IA 178821/2018) Date : 01-02-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE S. ABDUL NAZEER For Appellant(s) Ms. Anitha Shenoy, AOR Ms. Srishti Agnihotri, Adv. Ms. Meera Gopal, Adv.
For Respondent(s) Mr. Sanjay Kumar, Adv.
For Mr. Subhro Sanyal, AOR Mr. P.S. Narshima, Sr. Adv. Mr. Parijat Sinha, AOR Ms. Reshmi Rea Sinha, Adv. Mr. Rudra Dutta, Adv.
Mr. Devesh Mishra, Adv.
Mr. Ajay Marwah, AOR Mr. Divya Prakash Pande, Adv. Ms. Sakshi Popli, Adv.
Mr. Abhishek Yadav, Adv. Mr. Niraj Kumar, Adv.
Dr. Nishesh Sharma, Adv. For Mr. G.S. Makker, AOR UPON hearing the counsel the Court made the following O R D E R Civil Appeal Nos.31-32/2019 These appeals are disposed of in terms of the signed order.
Pending interlocutory applications, if any, stand disposed of.4 Civil Appeal No.11941/2018
List the matter on 08.2.2019.
(SANJAY KUMAR-II) (RAJINDER KAUR) COURT MASTER (SH) BRANCH OFFICER (Signed Order is placed on the file)