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2021 Supreme(SC) 850

R.SUBHASH REDDY, HRISHIKESH ROY
Sai Baba Sales Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the Appellant(s) :Anshula Vijay Kumar Grover, Saurabh Kulkarni, Ivo. D’Costa, Nitin Lonkar, Sonali Suryawanshi, Shankey Agrawal, Advocates
For the Respondent(s):Aishwarya Bhati, Ld. Archana Pathak Dave, Ruchi Kohli, Sughosh Subramaniam, Gurmeet Singh Makker, Rahul Chitnis, Sachin Patil, Aaditya A. Pande, Geo Joseph, Mukesh Verma, Shashank Singh, Shivaji M. Jadhav, Qurratulain, Brij Kishor Sah, Aditya S. Jadhav, Nitin Lonkar, Sonali Suryawanshi, Shankey Agrawal, Advocates

JUDGMENT :

Hrishikesh Roy, J.

1. Heard Mr. Huzefa Ahmadi, learned senior counsel appearing for the appellant in Civil Appeal No. 595/2021. Mr. Lonkar Nitin representing the Original Applicant before the National Green Tribunal. Ms. Aishwarya Bhati, learned Additional Solicitor General of India appears for the Ministry of Environment & Forest.

The Government of Maharashtra and the State Pollution Control Board are represented by Mr. Rahul Chitnis and Mr. Mukesh Verma, learned counsel respectively.

2. These two appeals are filed under Section 22 of the National Green Tribunal Act, 2010 (for short “the NGT Act”) assailing the judgment and final order dated 18.1.2021 in the OA No. 83/2019. Under the impugned judgment, the NGT held that further construction cannot be made without environment impact assessment, but protected the constructions already made by the appellant, M/s Sai Baba Sales Pvt. Ltd. (“Project Proponent”) on the basis of the Environmental Clearance (“EC” for short) issued by the Pimpri Chinchwad Municipal Corporation (“PCMC” for short) as per the notification dated 9.12.2016. The Original Applicant, on the other hand, is aggrieved by the decision of the NGT to protect the s

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