Aditya N Prasad vs. Union Of India
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3434 OF 2020
ADITYA N PRASAD APPELLANT(S)
Reason:
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S)
O R D E R
1. We have heard Mr. Rajiv Dutta, learned senior counsel for the appellant.
2. This appeal is against the order of the National Green Tribunal, Principal Bench, New Delhi (for short, "NGT") dated 24.09.2020 which disposes of Original Application No. 207 of 2020 filed by the appellant complaining about construction of RCC boundary wall along Ring Road from Dhaula Kuan to Brar Square.
3. A perusal of the impugned order would reveal that the appellant had also moved the Delhi High Court for drawing contempt proceedings by alleging that the aforesaid construction is in violation of Delhi High Court's order. Taking into account that the appellant had already invoked the contempt jurisdiction of the Delhi High Court, the NGT thought it appropriate to close the proceedings so as to avoid parallel proceedings in two fora.
4. Learned counsel for the appellant has submitted that the prayer in the Original Application was much wider than the issue raised in the contempt proceedings and, therefore, the NGT ought to have addressed the same on merits. Digitally signed by NITIN TALREJA Date: 2025.04.09 16:33:28 IST Signature Not Verified
5. Ms. Chinmayee Chandra, learned counsel for respondent Nos.2,
1
3, 4 and 6 has placed before us the order dated 10.05.2023 passed by the Delhi High Court on the contempt application filed by the appellant.
6. A perusal of the said order would reveal that the very same issue as was raised before the NGT was raised before the Delhi High Court in the contempt proceeding but the contempt application was disposed of by making certain observations tantamounting to granting permission on certain conditions.
7. In light of the above, we decline to entertain this appeal. The appeal stands dismissed.
8. Pending application(s), if any, stands disposed of.
..........................J. (MANOJ MISRA)
..........................J. (K.V. VISWANATHAN)
NEW DELHI; APRIL 08, 2025.
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). 3434/2020
ADITYA N PRASAD Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IA No. 105628/2020 - APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT, IA No. 105625/2020 - EX-PARTE STAY and IA No. 105626/2020 - EXEMPTION FROM FILING O.T.) Date : 08-04-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MANOJ MISRA HON'BLE MR. JUSTICE K.V. VISWANATHAN
For Appellant(s) : Mr. Rajiv Dutta, Sr. Adv. Mr. Manan Verma, AOR Mr. Pratyush Jain, Adv. For Respondent(s) :Ms. Aishwarya Bhati, A.S.G. Mr. Gurmeet Singh Makker, AOR Mr. Shiv Mangal Sharma, Adv. Ms. Ruchi Kohli, Sr. Adv. Mr. Navanjay Mahapatra, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Aishwarya Bhati, A.S.G. Mr. Shiv Mangal, Adv. Ms. Ruchi Kohli, Adv. Mr. Navanjay Mahapatra, Adv. Mr. Sachin Sharma, Adv. Mr. Ankur Talwar, Adv. Mr. Mukesh Kumar Maroria, Aor, Adv. Mr. Chinmayee Chandra, Adv. Mr. Chirag M. Shroff, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order. Pending application(s), if any, stands disposed of.
(NITIN TALREJA) (MAMTA RANI) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed order is placed on the file)