Skaps Industries India Pvt . Ltd vs. Gajuba (Gajendrasinh) Bhimji Jadeja

Ò, ITEM NO.326 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).1526/2014 (From the judgement and order dated 13/01/2014 in WP No.21/2013 of The HIGH COURT OF GUJARAT AT AHMEDABAD) SKAPS INDUSTRIES INDIA PVT LTD Petitioner(s) VERSUS GAJUBA (GAJENDRASINH) BHIMJI JADEJA&ORS Respondent(s) (With prayer for interim relief and office report) WITH SLP(C) NO. 1607 OF 2014 (With prayer for interim relief and office report) SLP(C) NO. 1606 OF 2014 (With prayer for interim relief and office report) SLP(C) NO. 1490 OF 2014 (With applns. for exemption from filing c/c of the impugned judgment, prayer for interim relief and office report) SLP(C) NO. 1519 OF 2014 (With applns. for exemption from filing c/c of the impugned judgment, prayer for interim relief and office report) SLP(C) NO. 1554 OF 2014 (With applns. for exemption from filing c/c of the impugned judgment, prayer for interim relief and office report) SLP(C) NO. 1799 OF 2014 (With prayer for interim relief and office report) SLP(C) NO. 2198 OF 2014 (With prayer for interim relief and office report) SLP(C) ... CC 1389/2014 (With appln. for permission to file SLP and office report) Date: 27/01/2014 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA For the parties: Mr. Mukul Rohatgi, Sr. Adv. Mr. Mihir Joshi, Sr. Adv. Ms. Radhika Gautam, Adv. Mr. Kishore N. Shriyan, Adv. Mr. Mahesh Agarwal,Adv. Mr. Rishi Agrawala, Adv. Mr. E.C. Agrawala, Adv. Mr. Shashank Manish, Adv. Mr. Abhinav Agrawal, Adv.

Mr. Abhinav Mukherji, Adv. Mr. Avinash Modi, Adv.

Ms. Ritika Pal, Adv. Mr. Sandeep Singhi, Adv. Ms. Shamik Bhatt, Adv. Mr. Chandra Uday Singh, Adv. Mr. Ajay Bhargava, Adv. Ms. Vanita Bhargava, Adv. Mr. Nitin Mishra, Adv. for M/s. Khaitan & Co., Advs. Mr. Abhimanue Shrestha, Adv. Ms. Kamini Jaiswal, Adv. Mr. Harish Salve, Sr. Adv. Mr. Harin P. Rawal, Sr. Adv. Mr. Ranjit Kumar, Sr. Adv. Mr. Vikram Nankani, Adv. Mr. Kirat Singh Nagra, Adv. Mr. Monish Panda, Adv. Mr. Avneesh Arputtham, Adv. Mr. Praveen Kumar, Adv. Mr. Kartik Yadav, Adv. Ms. Indira Jai Singh, ASG Ms. Anindita Pujari, Adv. Mr. S.N. Terdal, Adv. Mr. Abhishek M. Singhvi, Sr. Adv. Mr. R. Sudhinder, Adv. Mr. Ashok Mathur, Adv. Mr. S.N. Mitra, Adv. Mr. M.L. Lahoty, Adv. Mr. Paban K. Sharma, Adv. Mr. Mohit Lahoty, Adv. Ms. Gargi B. Bharuli, Adv. Mr. Himanshu Shekhar, Adv.

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

Heard learned counsel for the petitioners. Issue notice returnable in a month. Learned counsel for the petitioners will take necessary

steps for effecting service of notice within a week. Ms. Kamini Jaiswal, advocate accepts notice on behalf of Respondent No.1. Mr. S.N. Terdal, advocate accepts notice in respect of Union of India. Hence, no formal notice be issued to the Respondent Nos. 1 and 5.

In the meanwhile, the units in the SEZ in respect of which the impugned order has been passed may continue to function, but no further construction activity with regard to any unit existing or upcoming, will be carried out.

Respondent No. 12, Mundra Port and Special Economic Zone Ltd., and the Revisional Development Commissioner of the SEZ will file affidavits by the next date as to the units which were functioning at the time the impugned order was passed.

We make it clear that the direction to the Ministry of Environment and Forests to complete the process of environmental clearance is not stayed by us. This direction is without prejudice to the case of the petitioners that no further clearance was required from the Ministry of Environment and Forests. In case, the Ministry of Environment and Forests is unable to complete the process within the time stipulated by the High Court, it will be open for them to approach this Court for extension of time.

List after one month.

(G. SUDHAKARA RAO) (SHARDA KAPOOR)

COURT MASTER COURT MASTER