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Supreme Court - Daily Orders

Surajit Roy vs Union Of India on 8 February, 2019

Bench: D.Y. Chandrachud, Hemant Gupta

                                                      1

                                          IN THE SUPREME COURT OF INDIA

                                          CIVIL APPELLATE JURISDICTION

                                           CIVIL APPEAL NO. 12037 OF 2018

                      SURAJIT ROY                                        Appellant(s)


                                                            VERSUS


                      UNION OF INDIA & ORS.                              Respondent(s)


                                                   O R D E R

Mr. P.S. Narasimha, learned senior counsel appearing on behalf of the appellant has submitted that the limited grievance of the appellant which was sought to be advanced before the National Green Tribunal (“Tribunal”) was that though respondent No. 15 which is developing an integrated township was required to set aside 30 acres for maintaining water bodies in terms of the Environment Clearance and the order of the High Court of Calcutta dated 23 December 2016, this condition has not been fulfilled.

The Tribunal disposed of the original application filed by the applicant by placing reliance on its earlier order in O.A. No. 04/2017/EZ dated 5 January 2017.

Mr. Krishnan Venugopal, learned senior counsel appearing on behalf of respondent No. 15 submits that in the proceedings before the Tribunal, two affidavits were filed on behalf of the Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2019.02.12 competent authorities of the State of West Bengal clarifying 14:41:58 IST Reason: that the project is being duly monitored. The learned senior counsel states that respondent No. 15 undertakes to maintain 2 the water bodies to the extent of 30 acres as approved in the Plan and in compliance with the order passed by the High Court of Calcutta. The undertaking is accepted.

To assuage the grievance of the appellant, Respondent No. 15 shall file an undertaking in the above terms together with the plan annexed thereto before this Court within a period of four weeks from today.

In view of the directions which we have issued above, nothing further survives in the appeal The civil appeal is, accordingly, disposed of. No costs. Pending application(s), if any, shall stand disposed of.

………………………..…................J. (DR. DHANANJAYA Y. CHANDRACHUD) ………...….........………………….....J. (HEMANT GUPTA) NEW DELHI, February 8, 2019 3 ITEM NO.6 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 Civil Appeal No(s). 12037/2018 SURAJIT ROY Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) ( IA No.181162/2018-GRANT OF INTERIM RELIEF and IA No.181163/2018- EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 08-02-2019 This appeal was called on for hearing today. CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Appellant(s) Mr. P.S. Narasimha, Sr. Adv. Mr. Rajat Sehgal, Adv.
Mr. Vikas Mehta, AOR Mr. Shakil Ahmed, Adv.
For Respondent(s) Mr. Krishnan Venugopal, Sr. Adv. Mr. Aditya Kanodia, Adv. Ms. Sonia Dube, Adv.
Mr. S. Chakraborty, Adv.
Ms. Kanchan Yadav, Adv.
Ms. Surbhi Anand, Adv.
for M/S. Legal Options, AOR UPON hearing the counsel the Court made the following O R D E R The civil appeal is disposed of in terms of the signed order.
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)