Supreme Court - Daily Orders
Durgesh Singh Lodhi vs State Of M.P on 18 October, 2024
Author: Sanjay Kumar
Bench: Sanjay Kumar
CIVIL APPEAL NO.6389 OF 2021
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6389 OF 2021
DURGESH SINGH LODHI APPELLANT
VERSUS
STATE OF M.P. & ORS. RESPONDENTS
O R D E R
During the course of the hearing, it is accepted that the impugned order dated 12.07.2021 passed by the National Green Tribunal, Central Zone Bench, Bhopal1, in Vijay Singh Rajput vs. Union of India & Ors., bearing Original Application No.75/2019 (CZ), which directed the Madhya Pradesh Pollution Control Board2 to “to realise environmental compensation, as submitted by the Joint Committee, in accordance with law” was passed without hearing the appellant, Durgesh Singh Lodhi. As a consequence of the impugned order, the MPPCB issued a demand notice dated 11.08.2021 directing the appellant to pay environmental compensation of ₹8,60,62,500/-.
In view of the aforesaid position, we partly set aside the impugned order to the extent that it leads to payment of a penalty amount of ₹8,60,62,500/-. The matter is remanded to the NGT to hear the appellant and the parties concerned before passing any order.
We are not reproducing the facts stated by the parties as Signature Not Verified Digitally signed by these are aspects to be examined by the NGT. geeta ahuja Date: 2024.10.21 17:04:37 IST Reason: 1
“NGT” for short.
2“MPPCB” for short.
1 CIVIL APPEAL NO.6389 OF 2021 To cut short delay, parties are directed to appear before the NGT on 28.11.2024 when a date of hearing would be fixed.
The appeal is partly allowed and disposed of in the above terms.
We clarify that we have not made any comments on the merits of the case.
Pending application(s), if any, shall stand disposed of.
....................J. (SANJIV KHANNA) ....................J. (SANJAY KUMAR) NEW DELHI 18th OCTOBER, 2024 2 CIVIL APPEAL NO.6389 OF 2021 ITEM NO.30 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 NO(S). 6389/2021 DURGESH SINGH LODHI APPELLANT(S) VERSUS STATE OF M.P. & ORS. RESPONDENT(S) ( IA No. 136362/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 136363/2021 - EXEMPTION FROM FILING O.T. IA No. 136360/2021 - STAY APPLICATION) Date : 18-10-2024 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJAY KUMAR For Appellant(s) Mr. J.M. Sharma, Sr. Adv.
Mr. Abhay Kumar Tayal, AOR Mr. Akshat Sharma, Adv.
Mr. Sushil Dixit, Adv.
For Respondent(s) Mr. Saurabh Mishra, Sr. Adv.
Mr. Sarad Kumar Singhania AOR Mr. Abhinav Shrivastava, Adv.
Mr. Sunny Choudhary, AOR Mr. Raghav Sharma, Adv.
Mr. Salvador Santosh Rebello, AOR Mr. Jaskirat Singh, Adv.
Mr. Pranjal Pandey, Adv.
UPON hearing the counsel, the Court made the following O R D E R The appeal is partly allowed and disposed of in terms of the signed. Order. Pending application(s), if any, shall stand disposed of.
(GEETA AHUJA) (R.S. NARAYANAN) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed Order is placed on the file) 3