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[Cites 1, Cited by 3]

Supreme Court - Daily Orders

Ministry Of Environment vs Nirma Ltd on 4 August, 2014

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                                                  IN THE SUPREME COURT OF INDIA
                                                   CIVIL APPELLATE JURISDICTION

                                              CIVIL APPEAL Nos.8781-8783 OF 2013



                       MINISTRY OF ENVIRONMENT                                                      .......APP
ELLANT


                                                                     VERSUS


                       NIRMA         LTD & ORS                                                     ......RESPO
NDENTS


                                                                WITH

                                                  C.A.Nos.7815-7816 of 2013

                                                         O      R       D       E       R

                                  Heard learned counsel for the parties.

                                  We have perused the impugned order.

                                  The primary challenge appears to be in respect of the

       determination of the National Green Tribunal (hereinafter referred

       to as ‘the Tribunal’) requiring two of its technical members to

       visit the site, and make a report after carrying out a personal

       inspection thereof.                          We find nothing wrong with the above procedure

       adopted by the Tribunal.                               The aforesaid procedure is well-known to

       law and is also contemplated under Order XVIII Rule 18 of the CPC.

                                  In view of the above, we decline to interfere with the

       impugned orders passed by the Tribunal save to the extent that

     while                     dismissing     the     applications,             the         Tribunal   vide
its   order
Signature Not Verified

Digitally signed by
     dated 06.06.2013 had imposed cost of Rs.1 lakh, which was to be
Satish Kumar Yadav
Date: 2014.08.07
17:07:38 IST
Reason:


       deposited                     by   both    the    applicants.                  We    are   satisfied
that      the

       aforesaid costs should be waived. Ordered accordingly.
                                     2

           The     appeals     are     disposed     of   in    the     manner    indicated
above.



                                            ...........................J.
                                            (JAGDISH SINGH KHEHAR)



                                            ...........................J.
                                            (J. CHELAMESWAR)



                                            ...........................J.
                                            (A.K. SIKRI)
NEW DELHI;
AUGUST 4, 2014.
                                     3


ITEM NO.302                 COURT NO.7                   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). 8781-8783 of 2013

MINISTRY OF ENVIRONMENT                                  Appellant(s)

                                   VERSUS

NIRMA     LTD & ORS                                      Respondent(s)

(With appln. (s) for ex-parte stay and permission to urge addl.
grounds and office report)
With
C.A.Nos.7815-7816/2013
(With appln.(s) for exemption from filing c/c of the impugned
judgment and ex-parte stay and office report)

Date : 04/08/2014 These appeals were called on for hearing today.

CORAM :
                HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR
                HON’BLE MR. JUSTICE J. CHELAMESWAR
                HON’BLE MR. JUSTICE A.K. SIKRI

For Appellant(s)       Mr.J.S.Attri, Sr.Adv.
                       Ms.Anindita Pujari, Adv.
                       Mr. Shreekant N. Terdal, Adv.

                       Mr.Abhimanue Shrestha, Adv.
                       Ms.Shumaila Altaf, Adv.
                       Ms.Shilpa Dey, Adv.
                       Ms.Kamini Jaiswal, AOR

For Respondent(s)      Mr.Dushyant Dave, Sr.Adv.
                       Mr.Ramesh Singh, Adv.
                       Mr.Pankaj Jain, Adv.
                       Mr. Bijoy Kumar Jain, Adv.

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

The appeals are disposed of in terms of the signed order. (SATISH KUMAR YADAV) (PHOOLAN WATI ARORA) COURT MASTER ASSISTANT REGISTRAR (Signed order is placed on the file)