Shakumbari Mines vs. Uttar Pradesh Pollution Control Board

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CIVIL APPEAL Diary No(s). 7176/2023

(Arising out of impugned final judgment and order dated 11-05-2022 in OA No. 249/2021 16-01-2023 in EA No. 29/2022 passed by the National Green Tribunal)

M/S BALAJI TRADING CO. Petitioner(s)

VERSUS

UTTAR PRADESH POLLUTION CONTROL BOARD & ORS. Respondent(s)

(IA No.39866/2023-CONDONATION OF DELAY IN FILING and IA No.39867/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.39870/2023-STAY APPLICATION and IA No.39873/2023- EXEMPTION FROM FILING O.T. and IA No.39877/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

WITH

Diary No(s). 6051/2023 (XVII)

(IA No.43420/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.43419/2023-EX-PARTE STAY and IA No.43422/2023- EXEMPTION FROM FILING O.T. and IA No.43418/2023-CONDONATION OF DELAY IN FILING APPEAL and IA No.43424/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

AND

CIVIL APPEAL Diary No(s). 8496/2023 (IA No. 46546/2023 - CONDONATION OF DELAY IN FILING IA No. 46545/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 46549/2023 - EXEMPTION FROM FILING O.T. IA No. 46544/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 46547/2023 - STAY APPLICATION)

Date : 03-03-2023 These matters were called on for hearing today.

CORAM :

Signature Not Verified

HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MR. JUSTICE PANKAJ MITHAL

For Petitioner(s)		Mr. Shyam Divan, Sr. Adv.
		Mr. Anand Varma, AOR
		Mr. Devansh Malhotra, Adv.
		Mr. Ayush Gupta, Adv.

Mr. Dama Sheshadri Naidu, Sr. Adv. Mr. Vanshdeep Dalmia, AOR Mr. Amit Upadhyay, Adv. Mr. Natasha Dalmia, Adv. Ms. Anisha Jain, Adv. Ms. Shevali Chaudhary, Adv. Mr. Hitesh, Adv. Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Anand Varma, AOR Mr. Ayush Gupta, Adv. Mr. Devansh Malhotra, Adv. Ms. Shivani Vij, Adv.

For Respondent(s)

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

Delay condoned.

Issue notice, returnable in six weeks.

Tag along with C.A. Diary No(s).26439/2022.

In the meantime, insofar as the compensation fixed under the impugned order is concerned, there will be an interim stay.

However, this interim stay will not enable nonoperational units among the petitioners to start operations, unless they have obtained all clearances statutorily required.

We note that insofar as M/S Balaji Trading Co. is concerned the impugned order itself notes that it is operational by virtue of the consent and NOC granted. Therefore they may continue to operate.

(RADHA SHARMA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)

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