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2020 Supreme(SC) 445

ROHINTON FALI NARIMAN, S.RAVINDRABHAT, V.RAMASUBRAMANIAN
Director General (Road Development) National Highways Authority Of India – Appellant
Versus
Aam Aadmi Lokmanch – Respondent


Advocates Appeared:
For the Parties:Tavinder Sidhu, Padma Priya, Neetica Sharma, Dhruv Nayar, Shreya Sethi, Naveen Kumar, for M/S. M. V. Kini & Associates, Shilpa Chohan, Rajesh Singh, E. C. Agrawala, Vijay Kumar Verma, Pragya Baghel, Kunal Cheema, Bhakti Vardhan Singh, Respondent-in-person Rahul Chitnis, Sachin Patil, Nishant Ramakantrao Katneshwarkar, Bharti Tyagi, Arvind S. Avhad, Aparna Jha, V. N. Raghupathy, V. K. Verma, M/S. M. V. Kini & Associates, Rajesh Kumar, Advocates

JUDGMENT

S. Ravindra Bhat, J.

Leave granted in SLP (C) Nos. 28178/2018, 1706/2019, Diary No. 19018 of 2018 and 1632 of 2019. With consent of counsel for the parties, they were tagged with the companion civil appeals and heard finally.

2. On 06 June, 2013, when Ms. Vishakha Wadekar, was driving her car with her young daughter, Sanskruti Wadekar she had no inkling that danger lurked round the corner of the highway; over-mining at the height of 75 x 30 ft, in Gut No. 112, resulted in the destruction of a small hill by the side of the national highway. The resultant debris and a part of the hill collapsed and slid down to the road, claiming the lives of Ms. Vishakha and her daughter. The directions made by the Pune bench of the National Green Tribunal, on an application by a registered organization, (the respondent in the appeal, the Aam Aadmi Lokmanch, hereafter "Lokmanch") are the subject matter of the appeals (CA 6932/2015 by NHAI; CA 5971/2019; CA 11803/2018 and CA 6862/2018) before this court. The other appeals by special leave question the judgments and orders of the Bombay High Court, which upheld the regulations framed pursuant to the order of the NGT. The High Court negatived the


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