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SUPREME COURT OF INDIA
A.K. Sikri, S. Abdul Nazeer, JJ.
Deendayal Port Trust - Appellant
Versus
State Of Gujarat & Ors. - Respondents
Civil Appeal No. 234 of 2019
Decided On : 21-01-2019
NGT Act - Scope of Sections 14 and 15 - The court held that the prayers made by the appellant in the Miscellaneous Application did not fall within the scope of Sections 14 and 15 of the National Green Tribunal Act, 2010. The appellant's prayer was to relax the stay order so that the competent authority could consider the application for environmental clearance.
Fact of the Case:
The appellant filed a Miscellaneous Application before the National Green Tribunal seeking relaxation of a stay order to allow the competent authority to consider the application for environmental clearance.
Finding of the Court:
The court found that the prayers made by the appellant did not fall within the scope of Sections 14 and 15 of the National Green Tribunal Act, 2010. It held that the appellant could move such an application and it would be decided on merits by the National Green Tribunal.
Issues: Scope of Sections 14 and 15 of the National Green Tribunal Act, 2010
Ratio Decidendi: The court interpreted the scope of Sections 14 and 15 of the National Green Tribunal Act, 2010 and held that the appellant's prayers did not fall within this scope.
Final Decision: The appeal was disposed of, and it was made clear that the appellant could move the application, which would be decided on merits by the National Green Tribunal.
ORDER
1. Having regard to the prayers which were made by the appellant in the Miscellaneous Application filed before the National Green Tribunal ("NGT"), we are of the opinion that the NGT has rightly held that such prayers would not fall within the scope of Sections 14 and 15 of the National Green Tribunal Act, 2010. We may note the contention of the learned Solicitor General of India that the appellant had no option but to approach the NGT as it has passed, in the main proceedings, stay Order dated 22.11.2017, staying the grant of such permission. He, thus, submits that in essence the prayer was to relax the stay order qua the appellant so that the competent authority can consider the application of the appellant for environmental clearance.
2. In these circumstances, we make it clear that it would always be open to the appellant to move such an application and when this application is made, the same shall be decided on merits by the National Green Tribunal.
3. The appeal is, accordingly, disposed of.
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