Supreme Court - Daily Orders
Tirupati Buildcom Pvt. Ltd. vs Lakhan Singh Dhurve on 18 July, 2023
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
CIVIL APPEAL NO. 9145 OF 2015
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9145 OF 2015
TIRUPATI BUILDCOM PVT. LTD. ..... APPELLANT(S)
VERSUS
LAKHAN SINGH DHURVE & ORS. ..... RESPONDENT(S)
O R D E R
In our opinion, the impugned order dated 06.05.2015 passed in Original Application No.40/2014 titled “Lakhan Singh Dhurve vs. State of M.P. and Ors.”, whereby the appellant - Tirupati Buildcom Pvt. Ltd. has been asked to deposit Rs.5,00,000/- (rupees five lakhs only) with the Registrar, National green Tribunal (NGT), Central Zone Bench, Bhopal is unsustainable as it does not give any reasons or grounds for issuing the direction.
The appellant - Tirupati Buildcom Pvt. Ltd. was asked to file earlier orders passed by the NGT to ascertain whether any grounds or reasons are given therein. Earlier orders have been filed, but they are equally silent.
Learned counsel for respondent No.5 - Madhya Pradesh Pollution Control Board submits that there were violation of the conditions imposed while giving consent to operate. Whether this is correct or not has to be examined and considered by the NGT. Signature Not Verified Digitally signed by SWETA BALODI Date: 2023.07.22 13:15:07 IST Reason: We are informed that the proceedings before the NGT have not culminated into a final order. Possibly, the NGT has not proceeded 1 CIVIL APPEAL NO. 9145 OF 2015 as notice was issued in the present appeal vide order dated 29.04.2016. This order had merely stayed the operation of the impugned judgment/order dated 06.05.2015 and not the proceedings before the NGT.
Be that as it may, we set aside and quash the impugned order dated 06.05.2015 on the ground and reason that it is a non-speaking and non-reasoned order. Accordingly, the proceedings will continue before the NGT. It will be open to the NGT to pass a fresh order including an order directing interim compensation etc., after hearing parties, examining documents and recording reasons.
We clarify that we have not expressed any opinion on the merits of the case.
In order to cut short delay, parties are directed to appear before the NGT on 09.08.2023.
Learned counsel appearing on behalf of respondent No.5 - Madhya Pradesh Pollution Control Board states that the Board has filed a copy of inspection report. The inspection report would also be considered by the NGT.
The appeal is allowed in the above terms.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (BELA M. TRIVEDI) NEW DELHI;
JULY 18, 2023.
2
CIVIL APPEAL NO. 9145 OF 2015
ITEM NO.22 COURT NO.3 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). 9145/2015
TIRUPATI BUILDCOM PVT. LTD. Appellant(s)
VERSUS
LAKHAN SINGH DHURVE & ORS. Respondent(s)
(IA No. 3/2015 - STAY APPLICATION)
Date : 18-07-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Appellant(s) Mr. Sanjay K. Agrawal, AOR Mr. Sarthak Nema, Adv.
Ms. Ankita Khare, Adv.
Mr. Yashovardhan Jain, Adv. Mr. Ramsakha Kushwaha, Adv.
For Respondent(s) Mr. Rajul Shrivastav, Adv.
Mr. K. Krishna Kumar, AOR UPON hearing the counsel, the Court made the following O R D E R The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file) 3