Supreme Court - Daily Orders
Aabhijeet Sharma vs Union Of India on 9 May, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
M.A. No(s). 940 of 2019 in Civil Appeal No(s). 3124 of 2019
Aabhijeet Sharma …Appellant(s)
VERSUS
Union of India & Ors. …Respondent(s)
WITH
M.A. No(s). 941 of 2019 in Civil Appeal No(s). 2011 of 2019
ORDER
Consequent on the order passed by this Court on 11 March 2019 in Civil Appeal No. 2011 of 2019 and the accompanying civil appeal, these two Miscellaneous Applications have been instituted for a direction to the National Green Tribunal 1 to expeditiously consider the objections which have been raised by the applicants to the independence of the members of the Committee which was set up by the MoEF&CC in pursuance of the earlier orders of the NGT. Signature Not Verified Digitally signed by MANISH SETHI Date: 2019.05.13 16:57:44 IST Reason:
In the second of the two M.As, there is also a prayer to direct the Expert Appraisal 1“NGT” 2 Committee (“EAC”) not to consider the report of the Expert Committee until the final disposal of the case before the NGT.
During the course of the hearing, it is common ground that the Committee has submitted its report to the EAC. The report of the Committee is recommendatory in nature and does not bind the EAC. In the earlier order of this Court dated 11 March 2019, the work of the Committee had not been interdicted and, in fact, the following observations were made:
“While we are not inclined to impede or interdict the work of the Committee in the meantime, any steps taken would abide by the result of the objections which are permitted to be raised by the appellant before the Tribunal.” The Court has been apprised of the fact that the proceedings are now being listed before the NGT on 25 July 2019. The grievance of the applicants is that the proceedings for dealing with their objections are not being taken up as a result of which the entire matter would be rendered infructuous if, in the meantime, the EAC takes a final decision.
Learned counsel appearing on behalf of the project proponent and MoEF&CC stated that no adjournments would be sought before the NGT and that all cooperation would be rendered to ensure that the proceedings are disposed of when the matter appears before the NGT on 25 July 2019.
We record the assurance and would expect the NGT having regard to the order of this Court to ensure an expeditious disposal when the matter is taken up for hearing on 25 July 2019.
As we have already observed, all steps that are taken hereafter will abide by such final decision that may be taken by the NGT on the objections of the applicants. 3 We keep all rights and remedies of the parties open, in respect of any developments or decisions taken in the meantime. The Miscellaneous Applications are accordingly disposed of. Pending application(s), if any, shall also stand disposed of.
......…………………….....…..............J. (Dr Dhananjaya Y Chandrachud) …………………................................J. (Hemant Gupta) New Delhi May 9, 2019 4 ITEM NO.29 + 53 COURT NO.11 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS M.A. NO. 940/2019 IN CIVIL APPEAL No(s). 3124/2019 (Arising out of impugned final judgment and order dated 11-03-2019 in C.A. No. No. 3124/2019 passed by the Supreme Court Of India) AABHIJEET SHARMA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) WITH M.A. NO. 941/2019 IN CIVIL APPEAL No(s). 2011/2019 Date : 09-05-2019 These matters were called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA Counsel for the parties:-
Mr. Sanjay Upadhyay, Adv.
Ms. Mayuri Raghuvanshi, AOR Mr. Vyom Raghuvanshi, Adv.
Ms. Trisha Krishna, Adv.
Ms. Maya Ramesh, Adv.
Mr. Ajit Pudussery, AOR Mr. Ajeet Singh Verma, Adv.
Mr. Divya Prakash Pande, Adv.
Ms. Anitha Shenoy, Sr. Adv.
Ms. K.V. Bharathi Upadhyaya, AOR Ms. Srishti Agnihotri, Adv.
Ms. Kanika Sood, Adv.
Ms. Meera Goel, Adv.
Mr. Sany Antony, Adv.
Mr. Saurabh Sharma, Adv.
Ms. Swati Ghildiyal, Adv.
Mr. G.S. Makker, Adv.
UPON hearing the counsel the Court made the following O R D E R The Miscellaneous Applications are disposed of in terms of the signed order.5
Pending application(s), if any, shall stand disposed of.
(MANISH SETHI) (SAROJ KUMARI GAUR)
COURT MASTER (SH) BRANCH OFFICER
(Signed order is placed on the file)