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2024 Supreme(Online)(NGT) 4547

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
PRAKASH SHRIVASTAVA, CJ, ARUN KUMAR TYAGI, J, DR. A. SENTHIL VEL, ACJ
Haryana State Pollution Control Board – Appellant
Versus
M/s. Malibu Estate Pvt Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rahul Khurana, Mr. Hasil Jain
For the Respondents: Mr. Sanjay Upadhyay, Mr. Shubham Upadhyay, Mr. Surya Gupta

ORDER

1. This appeal at the instance of Haryana State Pollution Control Board (HSPCB) has been filed under Section 16 (a)(f) and 18 of the National Green Tribunal Act, 2010 (NGT Act, 2010) read with Section 33- B (a) of the Water (Prevention and Control of Pollution) Act, 1974 (Water Act, 1974) and Section 31-B of the Air (Prevention and Control of Pollution) Act, 1981 (Air Act, 1981) challenging the order dated 21.09.2023 passed in Appeal No. 20/2023 by the Appellate Authority – HSPCB, Panchkula under the Water and Air Acts.

2. The Appellant had passed the closure order dated 22.12.2023 and subsequent clarification orders dated 02.03.2023 and 19.04.2023 against Respondent No. 1, which were the subject matter of challenge at the instance of Respondent No. 1 before the appellate authority. By the impugned order, the Appellate Authority has allowed the appeal of Respondent No. 1 and has set aside the orders passed by the Appellant herein.

3. Since there is a delay of 53 days in filing the appeal, therefore, IA No. 63/2024 has been filed by the Appellant seeking condonation of delay.

4. The delay application has been opposed by Respondent No. 1 by filing the reply dated 13.04.2024.

5. Pr

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