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Supreme Court - Daily Orders

The Islampur Municipal Council vs Madhukar Shankar Sutar on 16 January, 2024

Author: Abhay S. Oka

Bench: Abhay S. Oka

     ITEM NO.60                             COURT NO.7                    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).   6573/2023

     THE ISLAMPUR MUNICIPAL COUNCIL                                        Appellant(s)

                                                     VERSUS

     MADHUKAR SHANKAR SUTAR & ORS.                                         Respondent(s)

     (IA No.173605/2023-EXEMPTION FROM FILING C/C                         OF   THE   IMPUGNED
     JUDGMENT and IA No.173604/2023-STAY APPLICATION)

     Date : 16-01-2024 This matter was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE ABHAY S. OKA
                             HON'BLE MR. JUSTICE UJJAL BHUYAN

     For Appellant(s)                 Mr. Govind Manoharan, Adv.
                                      Mr. A. Karthik, AOR

     For Respondent(s)                Dr. Arvind S. Avhad, AOR
                                      Mr. Abhishek Krishna, Adv.
                                      Mr. Sushil Sonkar, Adv.

                                      Mr. Aniruddha Deshmukh, Adv.
                                      Mr. Siddharth Dharmadhikari, Adv.
                                      Mr. Aaditya Aniruddha Pande, AOR
                                      Mr. Bharat Bagla, Adv.
                                      Mr. Sourav Singh, Adv.
                                      Mr. Aditya Krishna, Adv.
                                      Ms. Raavi Sharma, Adv.

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

We are not satisfied with the affidavit of compliance filed by the Chief Officer of the Municipal Council pursuant to the order dated 3rd October, 2023. The basic facts such as average daily generation of solid waste in the municipal limits have not been set out.

Signature Not Verified

Even the capacity of MSW referred to in paragraph 4.1 has not Digitally signed by ASHISH KONDLE Date: 2024.01.17 been set out.

17:39:58 IST Reason: The appellant will have to state what efforts it has 1 made after 28th April, 2021, for getting the authorisation from the Pollution Control Board. We grant time of one month to the appellant to file a better affidavit along with all the material particulars.

List on 7th March, 2024.

Fresh notice be issued to the Maharashtra Pollution Control Board which shall be served upon the Member Secretary of the Maharashtra Pollution Control Board in its registered office.

(ASHISH KONDLE)                                           (AVGV RAMU)
COURT MASTER (SH)                                      COURT MASTER (NSH)




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