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2022 Supreme(SC) 518

B. R. GAVAI, HIMA KOHLI
State Of Andhra Pradesh – Appellant
Versus
Raghu Ramakrishna Raju Kanumuru (M. P. ) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. S. Niranjan Reddy, Sr. Adv. Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Advocate Mr. Shaik Mohamad Haneef, Adv Mr. T. Vijaya Bhaskar Reddy, Adv Mr. K.V.Girish Chowdary, Adv Ms. Rajeswari Mukherjee, Adv Ms. Akhila Palem, Adv Mr. Abhishek Sharma, Adv Mr. Sahil Raveen, Adv
For the Respondent: Mr. Balaji Srinivasan, AOR

JUDGMENT :

B.R. GAVAI, J.

Permission to file appeal without certified/plain copy of impugned order is granted.

Issue notice.

Shri Balaji Srinivasan, learned counsel accepts notice on behalf of the sole respondent, and as such, we have heard the matter finally.

1. The appellant challenges the order dated 6th May 2022 passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter referred to as the “NGT”) in O.A. No.361 of 2021, vide which it prohibited the appellant from undertaking any further construction. The appellant also challenges the order dated 20th May 2022 passed by the learned NGT in I.A. Nos. 117 and 118 of 2022 in O.A. No. 361 of 2022, vide which the application seeking vacation of stay imposed vide order dated 6th May 2022 was rejected.

2. The appellant was already running a resort at Rushikonda Hill, near Visakhapatnam. According to the appellant, after obtaining the necessary permission, it has demolished the existing resort and is reconstructing the resort at the same place with additional facilities.

3. A writ petition being W.P. (P.I.L.) No.241 of 2021, challenging the said construction, has already been filed before the High Court of Andhra Pradesh at A


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