Himalaya Stone Industry vs. Tejinder Kumar Jolly
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble K.M. Joseph, Hon'ble Hrishikesh Roy
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
List On (Date) [05-09-2022]
Listed On:
22 Aug 2022
In:
Judge
Category:
UNKNOWN
Original Order Copy
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Order Text
ITEM NO.38 COURT NO.7 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. 4164/2022
M/S HIMALAYA STONE INDUSTRY & ORS. Appellant(s)
VERSUS
TEJINDER KUMAR JOLLY & ORS. Respondent(s)
(With IA No.77993/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.77996/2022-EX-PARTE STAY and IA No.77994/2022- EXEMPTION FROM FILING O.T.)
Date : 22-08-2022 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY
| For Appellant(s) | |
|---|---|
| Mr. Siddharth Dave, Sr. Adv.<br>Mr. Vivek Gupta, AOR<br>Mr. Ankit Verma, Adv.<br>Ms. Vidhi Thaker, Adv. |
| For Respondent(s) | Mr. V. K. Shukla, Adv. |
|---|---|
| Mr. Sugam Mishra, Adv. | |
| Mr. Sujeet Kumar, Adv. | |
| Mr. Abhaya Nath Das, Adv. | |
| Mr. N. D. Kaushik, Adv. | |
| Mr. Rahul Gupta, Adv. | |
| Ms. Riya Soni, Adv. | |
| Mr. S. S. Bandyopadhyay, Adv. | |
| Mr. Abhimanyu Singh, Adv. | |
| Mr. Parveen Kumar, Adv. | |
| Mr. Sunny Vashist, Adv. | |
| Mr. Manish Tiwari, Adv. | |
| Mr. Yashwardhan, Adv. | |
| Ms. Pooja Aggarwal, Adv. | |
| Mr. Satish Kumar, AOR | |
| Mr. Sanjeev Uniyal, Addl.A.G. | |
| Mr. Vishwa Pal Singh, Adv. | |
| Mr. Dhawal Uniyal, Adv. | |
| Mr. Adesh Kumar Gill, Adv. | |
| Mr. Nitin Narang, Adv. | |
| Mr. Piyush Hans, Adv. |
Mr. Mukesh Verma, Adv. Mr. Pankaj Kumar Singh, Adv. Mr. Pawan Kumar Shukla, Adv. Mr. Shashank Singh, AOR
UPON hearing the counsel the Court made the following O R D E R
It is submitted on behalf of the Uttarakhand Pollution Control Board (respondent No. 4) that periodic inspections have been carried out as ordered by this Court and the decibel level is within limit (75 dB(A)).
Needless to say, it will be the duty of the Uttarakhand Pollution Control Board to strictly enforce the timings during which alone, the appellants can operate viz., from 6 a.m. to 7 p.m.
Interim order will continue till the next date of hearing.
Read order dated 22.07.2022: It was directed that the State of Uttarakhand and the Uttarakhand Pollution Control Board will file affidavit in regard as to how the area in which the appellants are functioning is to be categorised for the purpose of noise pollution. Affidavits were to be filed within three weeks from the date of the order. Though three weeks have elapsed no affidavits have been filed either by the State or by the Uttarakhand Pollution Control Board on this aspect. This appears to be in contravention of this Court's order. However, we grant time by a week from today to the State and the Uttarakhand Pollution Control Board to file affidavits in the aforesaid regard.
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List the matter on 05th September, 2022.
(NIDHI AHUJA) (RENU KAPOOR) AR-cum-PS ASSISTANT REGISTRAR