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Supreme Court - Daily Orders

M.C.Mehta vs Union Of India on 15 April, 2014

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ITEM NO. 301                      COURT NO.3                SECTION PIL

                S U P R E M E      C O U R T   O F    I N D I A
                                RECORD OF PROCEEDINGS

I.A. NO. 2348 IN I.A. NO. 2252 In I.A. NO. 22 In
WRIT PETITION (CIVIL) NO. 4677 OF 1985

M.C.MEHTA                                                   Petitioner(s)

                     VERSUS

UNION OF INDIA & ORS.                                       Respondent(s)
(FOR DIRECTIONS ON BEHALF OF f J.L. GARG &          ORS.)

WITH
I.A.NO. 2620 @ DNO. 65199 IN I.A. NO. 2253 IN IA NO.22
W.P.(C)No.4677/1985
(FOR DIRECTIONS ON BEHALF OF KAMLESH GARG & ORS.)

I.A. NO. 2621 @ DNO.65202 IN I.A. NO. 2255 IN IA NO.22
W.P.(C)No.4677/1985
(FOR DIRECTIONS ON BEHALF OF J.L. GARG & ORS.)

I.A.NO. 2622 @ DNO. 65201 I.A. NO. 2254 IN IA NO.22
W.P.(C)No.4677/1985
(FOR DIRECTIONS ON BEHALF OF ASHOK AGARWAL & ORS.)

I.A. NOS. 2615-2616 IN W.P.(C)No.4677/1985
(FOR IMPLEADMENT AND FOR EXTENTION OF TIME TO FILE THE APPEAL
BEFORE TRIBUNAL ON BEHALF OF UMESH KUMAR)

I.A. NOS. 2617-2618 IN W.P.(C)No.4677/1985
(FOR IMPLEADMENT AND EXTENTION OF TIME TO
FILE THE APPEAL BEFORE TRIBUNAL ON BEHALF OF ROHIT KUMAR)

I.A. NO. 2619 IN I.A. NO. 22 IN W.P.(C) NO. 4677/1985
( APPLN. FOR PERMISSION TO FILE APPLN. FOR DE-SEALING ON BEHALF OF
SMT. PREM LATA)

Date: 15/04/2014       These applications were called
                         on for hearing today.

CORAM :
            HON’BLE MR. JUSTICE H.L. DATTU
            HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR

                         Mr. Ranjit Kumar, Sr. Adv.
                         (Amicus Curiae)
                                      2


For Petitioner(s)
                       In person (NP)
For Applicant(s)/
Respondent(s)
                       Mr.    S.K. Jain, Sr. Adv.
                       Mr.    Puneet Jain, Adv.
                       Ms.    Christi Jain, Adv.
                       Mr.    Navdeep Singh, Adv.
                       Ms.    Pratibha Jain, Adv.

                       Mr. Sanjiv Sen, Sr. Adv.
                       Mr. Dev J Roy, Adv.
                       Mr. P Parmeswaran, Adv.

                       Mr.    J.S. Attri, Sr. Adv.
                     Ms.   Asha G nair, Adv.
                     Mr.   S.K. Bajwa, Adv.
                     Ms.   Kiran Bhardwaj, Adv.
                     Mr.   S.N. Terdol, Adv.
                     Mr.   D.S. Mahara, Adv.

                     Ms. Amita Gupta, Adv.

                     Mr. Shreepal Singh, Adv.
                     Mr. Rahul Singh, Adv.
                     Mr. K. Sita Rama Rao, Adv.

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

I.A. NO. 2348 IN I.A. NO. 2252 In I.A. NO. 22 In W.P. (C) NO. 4677 OF 1985 I.A.NO. 2620 @ DNO. 65199 IN I.A. NO. 2253 IN IA NO.22 W.P.(C)No.4677/1985 I.A. NO. 2621 @ DNO.65202 IN I.A. NO. 2255 IN IA NO.22 W.P.(C)No.4677/1985 I.A.NO. 2622 @ DNO. 65201 I.A. NO. 2254 IN IA NO.22 W.P.(C)No.4677/1985 .......

In view of order passed on 30.04.2013, we are of the opinion that the prayers made in these applications also required to be considered by the Appellate Tribunal, MCD, Tis Hazari Court, Delhi (for short, "the Tribunal).

3

Therefore, we direct the Registry of this Court to send these applications to the Tribunal for its consideration on merits. We permit the applicants to make appropriate application(s) before the Tribunal for early hearing of these applications. If and when such applications are filed, the Tribunal shall consider the same in accordance with law.

I.A. Nos. 2615-2616 and 2617-2618 IN W.P. (C) NO. 4677 of 1985 After hearing Shri Ranjit Kumar, learned Amicus Curiae and learned counsel for the applicants, we permit the applicants to file an appropriate appeal before the Appellate Tribunal, MCD, Tis Hazari Court, Delhi (for short, "the Tribunal) within 30 days’ time from today.

If and when such appeal(s) is filed within the time granted by this Court, the Tribunal will consider the same on merits without reference to the period of limitation.

All the contentions of both the parties are kept open.

I.A. No. 2619 IN I.A. No. 22 IN W.P. (C) NO. 4677 of 1985 Learned counsel for the applicant is directed to furnish a set of this application to Shri Ranjit Kumar, learned Amicus Curiae.

Call after four weeks.

[ Charanjeet Kaur ] [ Vinod Kulvi ] Court Master Asstt. Registrar