Supreme Court - Daily Orders
M/S Parker Estate Developers Pvt. Ltd. vs Kissan Udey Samiti on 11 September, 2020
Bench: L. Nageswara Rao, Hemant Gupta, S. Ravindra Bhat
1
ITEM NO.15 Court 5 (Video Conferencing) 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 Diary No(s).17702/2020
(Arising out of impugned interim order dated 23-10-2019 in OA
No.764/2018 passed by the National Green Tribunal)
M/S PARKER ESTATE DEVELOPERS PVT. LTD. Petitioner(s)
VERSUS
KISSAN UDEY SAMITI & ORS. Respondent(s)
(With appls. for c/delay in filing appeal, exemption from filing
c/c of the impugned judgment, stay application, exemption from
filing affidavit, permission to file appeal, stay application)
WITH
Diary No(s). 18310/2020 (XVII)
(With appls. for c/delay in filing appeal, exemption from filing
c/c of the impugned judgment, stay application, exemption from
filing affidavit, permission to file appeal, stay application)
Date : 11-09-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
For Petitioner(s) Mr. Siddharth Dave, Sr. Adv.
Mr. Sumeer Sodhi, AOR
For Respondent(s) Mr. Anil Grover ,Sr.AAG HARYANA
Ms. Noopur Singhal, Adv
Mr. Rahul Khurana, Adv
Mr. Satish Kumar, Adv
Mr. Sanjay Kumar Visen, AOR
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified
Permission to file appeal is granted. Digitally signed by GEETA AHUJA Date: 2020.09.11 18:19:27 IST Reason: Delay condoned.
While finding certain violations that were 2 committed by the appellant, Haryana State Pollution Control Board imposed interim environmental compensation of Rs.27,37,500 on the appellant in C.A.Diary No.17702/2020.
It is submitted by Mr. Sumeer Sodhi that the appellant in C.A. Diary No.18310/2020 has deposited the interim compensation amount of Rs.6,37,500/- imposed by the Haryana State Pollution Control Board.
In O.A.No.764 of 2018, Kissan Udey Samiti sought for remedial action for violation of environmental norms from the defaulters for not providing proper sanitisation and sewage system in constructing buildings in Sectors 58-64 at Kundli District, Sonepat. The National Green Tribunal (‘the Tribunal’) sought a report from the Chief Secretary of Haryana. The recommendations made by the Committee constituted by the State of Haryana was placed before the Tribunal. After perusing the report, the Tribunal imposed 2.5 crores as interim compensation.
The interim compensation was made subject to final determination of the compensation to be fixed by the State Pollution Control Board after hearing the Project Proponents. It is clear from the order passed by the Tribunal that appellants were not heard.
Issue notice returnable after eight weeks on 3 the condition that the appellant(s) shall deposit 50% of the interim compensation imposed on them before the Tribunal, with the Registry of this Court within a period of eight weeks.
However, the appellants shall appear before the State Pollution Control Board as directed by the Tribunal. The State Pollution Control Board shall give an opportunity to the appellants before passing a final order without being influenced by the interim compensation imposed by the Tribunal.
The recovery proceedings are stayed for a period of 8 weeks within which the amount of 50% of the interim compensation shall be deposited. In default, the recovery proceedings shall revive.
(Geeta Ahuja) (Anand Prakash) Court Master Court Master