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We find that in the case which involves Pradhan Stone Crushers (Civil Appeal No. 2667 of 2016), Pradhan Stone Crushers applied to be impleaded itself in order to point out certain facts to the Tribunal. Pradhan Stone Crushers was not a miner of stones nor it did not hold a mining lease in this behalf, but was only a stone crusher, who allegedly was not working as such at the relevant time. So far as Pradhan Stone Crushers is concerned, therefore, the fine that is imposed upon them for environmental degradation cannot be sustained and is thus set aside. So far as Mr. Wajid Ali (Civil Appeal D. No. 7484/2016), Mr. Dilshad (Civil Appeal D. No. 7821/2016) and Mr. Vikas Agarwal (Civil Appeal D. No. 9109/2016) are concerned, none of them appear to be covered by the table that is given in paragraph 2 of the C.E.C. Report. Further, even in the impugned judgment, we find that it is incorrect to state that among five noticees, who are named, Vikas Agarwal and Wajid Ali happen to be noticees. In fact, according to Mr. Jayant Bhushan, learned Senior Counsel appearing for Vikas Agarwal, the mining lease granted to him is on River Solani, which is some 30 kms. away from the sites in question. So far as Dilshad is concerned, it is stated that he has three mining leases with Mahmood Ali, all of which pertain to different lots in different villages. Admittedly, Dilshad is also not served with any notice of the proceeding. The same goes for Wajid Ali. Therefore, so far as all these persons are concerned, the fine imposed upon them by the impugned judgment is set aside on this ground alone.

.......................... J.

(ROHINTON FALI NARIMAN) .......................... J.

(SANJIV KHANNA) .......................... J.

(SURYA KANT) New Delhi;

July 16 2019.



ITEM NO.6                 COURT NO.5               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).   2667/2016

M/S. PRADHAN STONE CRUSHERS                            Appellant(s)

                                  VERSUS

GURPREET SINGH BAGGA & ORS.                            Respondent(s)

(IA No. 3/2016 - EX-PARTE STAY)

WITH
C.A. D 7484/2016 (XVII)