IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2023 <u>(@ Diary No. 31152 of 2023)</u>

PRAKASH AGARWAL

$APPELLANT(S)$

VERSUS

NAHAR BUILDERS LIMITED & ORS.

ORDER

Delay condoned.

We do not find any good ground and reason to interfere with the impugned judgment and hence, the appeal is dismissed.

We, however, clarify that the dismissal of the present appeal will not be treated as an expression of opinion on the aspects which are pending consideration before the National Green Tribunal (NGT), Western Zone Bench, Pune. Further, any party aggrieved by the order(s) passed by the NGT will be entitled to question the same in accordance with law.

Pending application(s), if any, shall stand disposed of.

. . . . . . . . . . . . . . . . . J . (SANJIV KHANNA)

. . . . . . . . . . . . . . . . . J . (S.V.N. BHATTI)

$$

$\mathbf{M} \mathbf{B} \mathbf{B}$ DELHI; SEPTEMBER 11, 2023.

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. 31152/2023

(Arising out of impugned final judgment and order dated 03-05-2023 in IA No. 70/2021 in O.A. No. 104/2016 (WZ) passed by the National Green Tribunal, Western Zone, Pune)

PRAKASH AGARWAL APPELLANT(S)

VERSUS

NAHAR BUILDERS LIMITED & ORS. RESPONDENT(S)

(IA No.176089/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.176087/2023-CONDONATION OF DELAY IN FILING APPEAL)

Date : 11-09-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.V.N. BHATTI

For Appellant(s)

Mr. Anuj Bhandari, AOR Mr. Gaurav Mitra, Adv. Mr. Adarsh Rai, Adv. Mr. Tanaji Gambhire, Adv. Mr. Ishan Roy Chaudhary, Adv.

For Respondent(s)

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

Delay condoned.

The appeal is dismissed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)