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Confederation Of Real Estate ... vs Vanashakti on 18 November, 2025

The review judgment also says that Vanashakti has not taken note of the judgments passed by a co-ordinate Bench of this Court in D. Swamy Vs. Karnataka State Pollution Control Board4 and Pahwa Plastics Private 1 (2017) 9 SCC 499 2 (2020) 17 SCC 157 3 (2023) 6 SCC 615 4 (2023) 20 SCC 469 2 Limited Vs. Dastak NGO5 where the 2017 Notification and the 2021 OM have been upheld. Therefore, the judgment in Vanshakti is per incuriam the decisions in D. Swamy and Pahwa. The second ground on which Vanashakti is being reviewed is that impact of the said judgment would entail enormous economic cost to the country and that it would create more pollution due to demolition of projects if the Vanashakti judgment is given effect to.
Supreme Court of India Cites 54 - Cited by 0 - B R Gavai - Full Document

Sayyed Mohammed Sabir Usman vs The Principal Secretary Environment ... on 30 January, 2023

), Civil Appeal No. 4795 of 2021(M/s Pahwa Plastics Pvt. Ltd and anr. Vs Dastak NGO and ors.) and Civil Appeal No. 3132 of 2018( D. Swamy Vs. Karnataka State Pollution Control Board and ors.), it has been underlined that the grant of ex-post facto EC is not impermissible under EP Act, but the same should not be granted for the asking and that the Project Proponent must establish exceptional case for the same to be allowed, which in our opinion, means that, in every case, the circumstances have to be evaluated on case to case basis.
National Green Tribunal Cites 56 - Cited by 0 - Full Document

M/S. Vlb Trust vs The Tamil Nadu Pollution Control Board on 22 December, 2023

Insofar as the petitions in Crl.O.P.Nos.6241 & 15572 of 2014 are concerned, it is relevant to rely upon the Judgment of the https://www.mhc.tn.gov.in/judis Page 18 of 26 Crl.O.P.No.6241 of 2014 etc., Hon'ble Supreme Court of India reported in 2022 7 MLJ 497 (SC) in the case of D.Swamy Vs Karnataka State Pollution Control Board and others, wherein the Hon'ble Supreme Court of India held as follows:-

Mr. Ajay Jayvantrao Bhosale vs Union Of India on 29 November, 2024

The Hon'ble Madras High Court after having taken into consideration the Judgments of Hon'ble Supreme Court Original Application No.65/2019(WZ) [I.A. No.102/2019(WZ)] Page 17 of 50 delivered in (i) Lafarge [Lafarge Umiam Mining Private Limited Vs. T.N. Godavarman Thirumulpad reported in (2011) 7 SCC 338] rendered by a three member Benchon 06.07.2021; (ii) Common Cause [Common Cause Vs. Union of India reported in (2017) 9 SCC 499] rendered by a two member Bench on 02.08.2017; (iii) Alembic [Alembic Pharmaceuticals Limited Vs. Rohit Prajapati reported in (2020) 17 SCC 157 rendered by a two member bench on 01.04.2020; (iv) Electrosteel [Electrosteel Steels Limited Vs. Union of India and others reported in (2023) 6 SCC 615] rendered by a two member bench on 09.12.2021; (v) Pahwa Plastics [Pahwa Plastics Pvt. Ltd. Vs. Dastak NGO and others reported in 2022 SCC OnLine SC 362] rendered by a two member bench on 25.03.2022; and (vi) D.Swamy [D.Swamy Vs. Karnataka State Pollution Control Board reported in 2022 SCC OnLine SC 1278] rendered by two member Bench on 22.09.2022, decided to quash /set aside the OM dated 07.07.2021 issued by the MoEF, prospectively. Relevant part in this regard is quoted herein below:-
National Green Tribunal Cites 15 - Cited by 0 - Full Document

Mr. Ajay Jayvantrao Bhosale vs Union Of India on 29 November, 2024

The Hon'ble Madras High Court after having taken into consideration the Judgments of Hon'ble Supreme Court Original Application No.65/2019(WZ) [I.A. No.102/2019(WZ)] Page 17 of 50 delivered in (i) Lafarge [Lafarge Umiam Mining Private Limited Vs. T.N. Godavarman Thirumulpad reported in (2011) 7 SCC 338] rendered by a three member Benchon 06.07.2021; (ii) Common Cause [Common Cause Vs. Union of India reported in (2017) 9 SCC 499] rendered by a two member Bench on 02.08.2017; (iii) Alembic [Alembic Pharmaceuticals Limited Vs. Rohit Prajapati reported in (2020) 17 SCC 157 rendered by a two member bench on 01.04.2020; (iv) Electrosteel [Electrosteel Steels Limited Vs. Union of India and others reported in (2023) 6 SCC 615] rendered by a two member bench on 09.12.2021; (v) Pahwa Plastics [Pahwa Plastics Pvt. Ltd. Vs. Dastak NGO and others reported in 2022 SCC OnLine SC 362] rendered by a two member bench on 25.03.2022; and (vi) D.Swamy [D.Swamy Vs. Karnataka State Pollution Control Board reported in 2022 SCC OnLine SC 1278] rendered by two member Bench on 22.09.2022, decided to quash /set aside the OM dated 07.07.2021 issued by the MoEF, prospectively. Relevant part in this regard is quoted herein below:-
National Green Tribunal Cites 15 - Cited by 0 - Full Document
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