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2017 Supreme(Kar) 755

ASHOK B.HINCHIGERI, K.S.MUDAGAL
Bruhat Bengaluru Mahanagar Palike, Bangalore – Appellant
Versus
Jayaram Gouda – Respondent


Advocates:
Advocate Appeared:
Devaraj Ashok, Nalina Mayegowda, A. Yogeshwaran, Sunil, C. Ramakrishna, Gururaj Joshi, D. Ashwathappa

JUDGMENT :

Ashok B. Hinchigeri, J.

1. This petition is filed by the Bruhat Bengaluru Mahanagara Palike ('BBMP' for short) raising the challenge to the National Green Tribunal ('NGT')'s orders dated 17-8-2015 (Annexure-A) and dated 18-11-2015 (Annexure-B).

2. The facts of the case in brief are that the State Level Environmental Impact Assessment Authority issued the environmental clearance on 19-6-2015 to the BBMP for establishing 200 TDP Common Municipal Solid Waste Management Project Facility on the lands at Survey Nos. 16/1, 21/1 and 21/2 of Lingadheeranahalli Village, Kengeri Hobli, South Taluk, Bengaluru. This was challenged by the first respondent in Appeal No. 44 of 2015 before the NGT. The NGT granted interim stay on 17-8-2015, which was continued until further orders. On 8-10-2015, the project proponent, that is, the Special Commissioner of BBMP placed the request before the NGT that the permission be accorded to proceed with the work without claiming any equity and subject to result of the appeal. The NGT did not accede to the request of the BBMP holding that there is no necessity to make any order on the BBMP's request and it posted the matter for final hearing on 3-11-2015.



























































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