Diamond Stone Crushers vs. Union Territory Of Jammu And Kashmir

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Disposed
Order Date:20 May 2022
CNR:SCIN010149502022

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Order Issued After Hearing

Purpose:

FRESH

Before:

Hon'ble Hon'Ble The Chief Justice, Hon'ble Pamidighantam Sri Narasimha

Stage:

FRESH (FOR ADMISSION) - CIVIL CASES

Remarks:

Disposed off

Listed On:

20 May 2022

In:

Judge

Category:

UNKNOWN

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Order Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

Civil Appeal No 4090 of 2022

M/s Diamond Stone Crushers & Anr .... Appellant(s)

Versus

Union Territory of Jammu and Kashmir & Ors ....Respondent(s)

O R D E R

  • 1 The grievance of the appellants is that the impugned order of the National Green Tribunal1 dated 12 April 2022 issuing an ad interim direction that the stone crushers shall not be permitted to operate in the absence of requisite pollution prevention and control systems was passed without hearing the appellants.
  • 2 The appellants would be at liberty to move the NGT for modification of the impugned order since no notice was issued before the impugned order was passed. We would expect the NGT to hear the appellants on the application for modification of the interim order on such grounds as are permissible in law.
  • 3 The appeal is accordingly disposed of.

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4 Pending application, if any, stands disposed of.

…..…..…....…........……………….…........J. [Dr Dhananjaya Y Chandrachud]

…..…..…....…........……………….…........J. [Pamidighantam Sri Narasimha]

New Delhi; May 20, 2022 -S-

3

ITEM NO.29 COURT NO.4 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).4090/2022

M/S DIAMOND STONE CRUSHERS & ANR. Appellant(s)

VERSUS

UNION TERRITORY OF JAMMU AND KASHMIR & ORS. Respondent(s)

(WITH IA No.75683/2022-GRANT OF INTERIM RELIEF and IA No.75681/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.75682/2022-EXEMPTION FROM FILING O.T.)

Date : 20-05-2022 This appeal was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

For Appellant(s)

Dr. Surender Singh Hooda, AOR

For Respondent(s)

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

1 The appeal is disposed of in terms of the signed order.

2 Pending application, if any, stands disposed of.

(SANJAY KUMAR-I) (ANJU KAPOOR) DEPUTY REGISTRAR COURT MASTER (Signed order is placed on the file)