Dhirajlal Panchabhai Vachani vs. Union Of India

ITEM NO.13 COURT NO.1 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. 480/2023

M/S R.J. TRIVEDI AND CO. & ORS. Appellant(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(IA No.16240/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.16239/2023-STAY APPLICATION and IA No.16238/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 02-02-2023 This appeal was called on for hearing today.

• CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE J.B. PARDIWALA
• For Appellant(s) Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Anand Varma, AOR Ms. Apoorva Pandey, Adv. Ms. Adyasha Nanda, Adv. Ms. Shivani Vij, Adv. For Respondent(s) Mr. M. A. Venkata Subramanian, Adv. Mr. Rohit K. Singh, AOR

UPON hearing the counsel the Court made the following O R D E R

• 1 Mr Gopal Sankaranarayanan, senior counsel appearing on behalf of the petitioners submits that:
  • (i) There was a specific finding by the expert committees appointed by the National Green Tribunal to the effect that there was no environmental damage;

(ii) Despite the above finding, the National Green Tribunal has ordered the payment of compensation merely on the basis of an averaging out of three alternative methodologies which were suggested; and

• (iii) This Court has held in Kantha Vibhag Yuva Koli Samaj Parivartan Trust vs State of Gujarat1 that the National Green Tribunal has to carry out its adjudicatory functions which cannot be dedicated to a third party agency.
• 2 Issue notice, returnable in six weeks.
• 3 Pending further orders, no coercive steps shall be taken against the petitioner on the basis of the impugned order.

<span id="page-1-0"></span>

(MANISH ISSRANI) (SAROJ KUMARI GAUR) COURT MASTER(SH) ASSISTANT REGISTRAR