Supreme Court - Daily Orders
The Poultry Farmers And Breeders ... vs Gauri Maulekhi on 28 February, 2022
Bench: D.Y. Chandrachud, Surya Kant
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No of 2022
(D No 1304 of 2022)
The Poultry Farmers and Breeders Association .... Appellant(s)
Versus
Gauri Maulekhi & Ors ....Respondent(s)
WITH
Civil Appeal No of 2022
(D No 1796 of 2022)
ORDER
1 Permission to file the Civil Appeals granted. 2 The principal grievance which has been urged on behalf of the appellants by Mr Mukul Rohatgi, senior counsel with Mr Arijit Prasad, is that neither when it passed the first order dated 16 September 2020 nor when it passed the second order of 10 December 2021 did the National Green Tribunal 1 have before it the representatives of the poultry farms who are affected by the directions. 3 Since admittedly the appellants were not before the NGT and having regard to Signature Not Verified the above grievance, we grant liberty to the appellants to move the NGT with an Digitally signed by Sanjay Kumar Date: 2022.03.02 17:13:25 IST Reason: appropriate application for modification of the directions which have been issued. We clarify that we have not expressed any opinion on the merits of such 1 “NGT” 2 an application and the above liberty has been granted in order to obviate the grievance of the appellants that they were not furnished an opportunity of being heard. The rights and contentions of all the parties before the NGT in that regard are kept open.
4 In the event that the appellants are aggrieved by the order of the NGT, they would be at liberty to pursue their remedies in accordance with law, including on the grounds which have been set out in the Civil Appeals. 5 The Civil Appeals are accordingly disposed of. 6 Pending applications, including the applications for impleadment, are disposed of.
…..…..…....…........……………….…........J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….…........J. [Surya Kant] New Delhi;
February 28, 2022
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ITEM NO.7+37 Court 4 (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).1304/2022 (Arising out of impugned final judgment and order dated 16-09-2020 in OA No. 681/2017 and 10-12-2021 in OA No. 320/2021 passed by the National Green Tribunal) THE POULTRY FARMERS AND BREEDERS ASSOCIATION Appellants(s) VERSUS GAURI MAULEKHI & ORS. Respondent(s) (WITH IA No.28492/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.28490/2022-STAY APPLICATION and IA No.28493/2022-IMPLEADMENT and IA No.28488/2022-PERMISSION TO FILE APPEAL) Diary No. 1796-2022 (XVII) (FOR ADMISSION and IA No.26214/2022-EXPARTE AD-INTERIM RELIEF and IA No.26215/2022-IMPLEADMENT and IA No.26213/2022-PERMISSION TO FILE APPEAL) Date : 28-02-2022 These appeals were called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv.
Mr. Vishal Khattar, Adv.
Mr. Shekhar Raj Sharma, Adv. Mr. Jinendra Jain, AOR Mr. Arijit Prasad, Sr. Adv. Mr. Paras Dutta, Adv.
Mr. Sanjay Kumar Visen, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 Permission to file the Civil Appeals granted.4
2 The Civil Appeals are disposed of in terms of the signed order.
3 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER (Signed order is placed on the file)