NAVEEN KUMAR vs STATE OF UTTAR PRADESH - 2024-02-12

O R D E R

The appeal is taken up for hearing.

Heard the learned counsel appearing for the parties.

By the impugned order, an Original Application filed by the appellant was dismissed by the National Green Tribunal, Principal Bench at New Delhi. The Original Application has been dismissed without any adjudication on the grounds pleaded in the Application. The reason for dismissal is only in paragraph 3 of the impugned order which reads thus:

"3. There is no challenge to the EC by way of Appeal and limitation for filing appeal has since expired. It is also not the case of the applicant that any specific EC condition has been violated nor any material in support of such allegation is reproduced. Allegations are hypothetical and general."

In view of what is observed in paragraph 3, we had called upon the appellant to produce a copy of the Original Application filed by the appellant. In fact, in several paragraphs in the Original Application, the appellant has specifically alleged the violation of the terms and conditions incorporated in the Environmental Clearance. Thus, the factual finding recorded in paragraph 3 of the impugned order is completely erroneous. The Tribunal ought to have gone into the allegations of breach of the terms and conditions made in the Original Application.

We, therefore, set aside the order dated 4th July, 2023 and restore the Original Application No.440 of 2023 to the file of the National Green Tribunal, Principal Bench, New Delhi.

The Tribunal will decide the Original Application afresh in the light of what we have observed in this judgment as expeditiously as possible.

The appeal is accordingly partly allowed.

..........................J.

(ABHAY S.OKA)

..........................J.

(UJJAL BHUYAN)

NEW DELHI;

February 12, 2024.

ITEM NO.53 COURT NO.7 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 6492/2023 NAVEEN KUMAR Appellant(s)

VERSUS STATE OF UTTAR PRADESH & ORS. Respondent(s)

(IA No.205990/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.205993/2023-STAY APPLICATION)

Date : 12-02-2024 This appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Appellant(s)

Mr. Akash Vashishtha, Adv.

Mr. Sameer Singh, Adv. Mr. Vivek Mishra, Adv.

Mr. Prahlad Narayan Singh, Adv.

Mr. Karan Thakur, Adv.

Mr. Ajay Nain, Adv.

Ms. Neelam Singh, AOR Mr. Tilak Vij, Adv.

Mr. Kailashi Uday Kapoor, Adv.

For Respondent(s)

Ms. Garima Prashad, Sr. A.A.G.

Mr. Sudeep Kumar, AOR Mr. Ram Shiromani Yadav,Adv.

Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv.

Mr. Suraj Singh, Adv.

Mr. Manoj Kumar Sharma, Adv.

Mr. Bhuwan Chandra, Adv.

Mr. Vikrant Pachnanda, AOR Mr. Mukul Katyal,Adv.

Mr. Gaurav Kumar Bansal, Adv.

Mr. Vishnu Kumar Gupta, Adv.

Ms. Nandita Bansal, Adv.

Ms. Rani Mishra, AOR UPON hearing the counsel the Court made the following

O R D E R

The appeal is partly allowed in terms of the signed order.

Pending applications also stand disposed of.

(ANITA MALHOTRA) (AVGV RAMU)

AR-CUM-PS COURT MASTER

(Signed order is placed on the file.)