D. Swamy vs. Karnataka State Pollution Control Board Member Secretary

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(s). 32301/2017

(Arising out of impugned final judgment and order dated 10-05-2017 in AN No. 169/2016 passed by the National Green Tribunal, Southern Zone at Chennai)

D. SWAMY Petitioner(s)

VERSUS

KARNATAKA STATE POLLUTION CONTROL BOARD & ORS. Respondent(s)

(With IA No.121490/2017-CONDONATION OF DELAY IN FILING, IA No.121494/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.121493/2017-STAY APPLICATION, IA No.121495/2017-EXEMPTION FROM FILING O.T., IA No.121492/2017-CONDONATION OF DELAY IN REFILING and IA No.121618/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS)

Date : 19-03-2018 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN

For Petitioner(s) Mr. Anand Sanjay M. Nuli, Adv. Mr. Dharam Singh, Adv. Mr. Saket Gogia, Adv. Mr. Suraj Kaushik, Adv. Mr. Nanda Kumar, Adv. M/S. Nuli & Nuli, AOR

For Respondent(s)

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

Learned counsel for the appellant has drawn our attention to letter dated 18.11.2016 (Annexure A-17 at page No. 312 of the paper book) and contends that the Ministry itself had stated that appropriate environmental clearance has not been granted and it was mandated in terms of notification dated 17.04.2015. On that basis, he argues that the National Green Tribunal has wrongly held that no such clearance was required since clearance had been given in the earlier statutory regime.

Delay condoned. Issue notice.

(NIDHI AHUJA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER