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2019 Supreme(SC) 1852
SUPREME COURT OF INDIA
A.K. Sikri, S. Abdul Nazeer, JJ.
Surjeet Wheel Point @ Surjeet Agro Works - Appellant
Versus
Punjab Pollution Control Board & Ors. - Respondents
Civil Appeal No. 8582 of 2018
Decided On : 01-02-2019
Jatin Kumar, Adv., Udyan Srivastava, Adv., Jitendra Kumar, Adv., Shubham Bhalla, Adv., Yajur Bhalla, Adv., Bharat Upreti, Adv., Anitha Shenoy, Adv., Srishti Agnihotri, Adv., Meera Gopal, Adv., Abhigya, Adv., Naginder Benipal, Adv.
The court has the power under Article 142 of the Constitution of India to condone delay in filing appeals in exceptional circumstances, and such orders are non-precedential.
Headnote:
Delay Condonation - National Green Tribunal - The court exercised its power under Article 142 of the Constitution of India to condone the delay in filing the appeal before the National Green Tribunal, emphasizing exceptional circumstances and non-precedential nature of the order.
Fact of the Case:
The court considered the delay in filing Appeal No.10 of 2017 before the National Green Tribunal, Principal Bench, New Delhi.
Finding of the Court:
The court decided to condone the delay in filing the appeal, remitting the case back to the National Green Tribunal for its disposal on merits and in accordance with the law.
Issues: Delay in filing the appeal before the National Green Tribunal.
Ratio Decidendi: The court exercised its power under Article 142 of the Constitution of India to condone the delay in filing the appeal, citing exceptional circumstances and emphasizing the non-precedential nature of the order.
Final Decision: The appeal is disposed of, and the case is remitted back to the National Green Tribunal for its disposal on merits and in accordance with the law.
ORDER
1. Having heard learned counsel appearing for the parties and upon perusal of the record, we are of the opinion that this Court should condone the delay in filing Appeal No.10 of 2017 before the National Green Tribunal, Principal Bench, New Delhi, even when the National Green Tribunal did not have the requisite view.
2. Ordered accordingly.
3. This order is passed in exceptional circumstances in exercise of our power under Article 142 of the Constitution of India and without making it as a precedent.
4. Accordingly, this appeal is disposed of and the case is remitted back to the National Green Tribunal, Principal Bench, New Delhi, for its disposal on merits and in accordance with law.
