Nature Club Of Rajasthan (Ngo) vs. Union Of India

ITEM NO.11 COURT NO.6 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 Nos. 21554-21558/2017

NATURE CLUB OF RAJASTHAN (NGO) Appellant(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(With IA No.134973/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS and IA No.3052/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)

Date : 10-01-2018 These appeals were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN

For Appellant(s)

Mr. P. S. Patwalia, Sr. Adv. Mr. Anand Varma, AOR Ms. Shubhangni Jain, Adv.

For Respondent(s)

Mr. Kavin Gulati, Sr. Adv. Mr. Anukul Raj, Adv. Mr. Shantanoo Saxena, Adv. Mr. Sanjay Kr. Pandey, Adv. Mr. Abhinav Shrivastava, AOR Mr. Harmeet Ruprah, Adv. Ms. Priyanka Garg, Adv.

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

The order of the National Green Tribunal (hereinafter referred to as 'NGT') which is under challenge in this appeal discloses that the appeal of the appellant filed before the NGT has been dismissed on the ground of limitation. One of the submissions of Mr. P.S. Patwalia, learned senior counsel appearing for the appellant, is that the appeal was filed within the period of limitation if the Digitally signed by ASHWANI KUMAR Date: 2018.01.13 11:00:10 IST Reason: Signature Not Verified

same is counted from the date of communication of the order which has been impugned in the said appeal. However, we find that in the impugned order, this aspect has not been dealt with. We are not sure whether it was raised at all or not.

Be that as it may, having regard to the nature of the matter, we permit the appellant to file an application before the NGT raising the aforesaid aspect. The NGT shall examine as to on which date the copy was deemed to be communicated and whether the appeal would be within time if the said deemed date is to be reckoned with. Mr. Patwalia states that he would move the necessary application within one week. The NGT shall decide the same within three weeks thereafter.

We make it clear that it is for the NGT to take a view in accordance with law and this Court has not expressed any opinion in this behalf. It will also be open for the appellant to move an application for interim stay and the NGT shall be at liberty to entertain the same in accordance with law.

We adjourn the present appeals by four weeks.

(NIDHI AHUJA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER

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