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2024 Supreme(Chh) 570

RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Union Of India, Through Its Secretary, Ministry Of Railways, Govt. Of India, Rail Bhavan, New Delhi – Appellant
Versus
Ultratech Cement Limited – Respondent


Advocate Appeared:
For the Appellant :Mr. Ramakant Mishra, Deputy Solicitor General alongwith Mr. Bhupendra Pandey, Ms. Anmol Sharma, Mr. Tushar Dhar Diwan, Mr. Rishabh Deo Singh, Standing Counsel, Mr. Ravindra Shrivastava and Mr. Abhishek Sinha, Senior Advocates, assisted by Ms. Devangna Singh, Ms. Sanya Shukla, Ms. Krati Dubey and Ms. Selina Raj, Advocates.
For the Respondent:Mr. P. Chidambaram and Mr. Ashish Shrivastava, Senior Advocates, assisted by Ms. Mukta Dutta, and Mr. Rahul Ambast, Advocates, Mr. Ravindra Shrivastava and Mr. Abhishek Sinha, Senior Advocates, assisted by Ms. Devangna Singh, Ms. Sanya Shukla, Ms. Krati Dubey and Ms. Selina Raj, Advocates., Mr. Aman Pandey, Advocates. Mr. Ramakant Mishra, Deputy Solicitor General alongwith Mr. Bhupendra Pandey, Ms. Anmol Sharma, Mr. Tushar Dhar Diwan, Mr. Rishabh Deo Singh, Standing Counsel.

JUDGMENT :

Ramesh Sinha, CJ.

1.Since both the appeals arise out of the order dated 09.05.2024 passed by a learned Single Judge in WPC No. 2989/2021, they are being considered and decided by this common judgment.

2.WA No. 448/2024 has been filed by the appellant-Union of India which is represented through Ministry of Railways and WA No. 432/2024 has been filed by M/s. Shree Cement Ltd. who was respondent No. 5 in WPC No. 2989/2021. Ultratech Cement Ltd. was the writ petitioner in WPC No. 2989/2021, which had sought quashing of the In Principle Approval (for short, the IPA) dated 08.04.2021 and any other permission or approval to further process application made by appellant-M/s. Shree Cement Ltd. being dated 09.02.2021 granted by the respondent-Senior Divisional Operation Manager, for the purported Greenfield PFT under the 2020 PFT policy including any permission or approval granted by by the South East Central Railway for use of Hathband Private Siding, as being arbitrary and illegal.

3.There is a delay of 5 days in filing WA No. 448/2024 for which IA No. 1 of 2024 has been filed. For the reasons stated therein, delay is condoned.

4.The learned Single Judge, after hearing the parties at

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