Ankur Sharma vs. The State Of West Bengal
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Ajay Rastogi, Hon'ble B.V. Nagarathna
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
List On (Date) [30-09-2022], Notice Returnable [D:0,W:0,M:0]
Listed On:
16 Sept 2022
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
117889/2022,125058/2022,
Original Order Copy
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Order Text
ITEM NO.6
COURT NO.9
SECTION XVII
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Civil Appeal No(s). 6360/2022
ANKUR SHARMA
Appellant(s)
Respondent $(s)$
VERSUS
THE STATE OF WEST BENGAL & ORS.
$\mathbf{I}\mathbf{A}$ 125058/2022 PERMISSION T<sub>0</sub> FILE ADDITIONAL No. $\mathbf{L} = \mathbf{L}$ DOCUMENTS/FACTS/ANNEXURES, IA No. 117889/2022 - STAY APPLICATION)
Date: 16-09-2022 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Appellant(s) Ms. Anitha Shenoy, Sr. Adv. Mr. Ayush Anand, Adv. Ms. Aarti Krupa Kumar, Adv. Ms. Avushma Awasthi, Adv. Ms. Namrata Caleb, Adv. Mr. Gopal Jha, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following $0 R D E R$
One of the contentions advanced by learned counsel for the appellant is that the total constructed buildup area is 49,990 square meters but to overcome the requirement of environment clearance (EC) the project proponent has split it into three phases and the first phase was reduced by few meters below the bench mark of 20,000 square meters (19,206.25 square meters) just to evade the Signal in the EC and which has been noticed by the Tribunal in 12-401ENS e impugned order but overlooked for the reason that the first phase being below 20,000 square meters, environment clearance is not required. This according to the appellant is overreaching the
statutory provisions, which every incumbent is under obligation to follow.
Issue notice, returnable on 30.09.2022.
Dasti, in addition, is permitted.
(MONIKA DEY) (ASHWANI THAKUR) COURT MASTER (NSH) ASTT. REGISTRAR-cum-PS