Manohar Singh Martiya vs. Union Of India Through Its Secretary Ministry Of Environment And Forest Government Of India

ITEM NO.1 COURT NO.6 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(s). 9703-9706 OF 2013 CHIEF SECY.GOVT. OF RAJASTHAN Appellant (s) VERSUS NATIONAL GREEN TRIBUNAL BAR ASSN.& ORS. Respondent(s) (With appln(s) for exemption from filing c/c of the impugned Judgment, permission to place addl. documents on record and office report) WITH S.L.P.(C)...CC NO. 19664 of 2013 (With applns. for permission to file SLP, prayer for interim relief and office report) SLP(C) NO. 34134 of 2013 (With prayer for interim relief and office report) Date: 31/10/2013 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA For Appellant(s) in Mr. Harish N. Salve, Sr. Adv. CA 9703-9706/2013 & Dr. Manish Singhvi, AAG Petitioners in Mr. Amit Lubhaya, Adv. SLP(C) 34134/2013 Ms. Pragati Neekhra, Adv. For petitioner in Mr. Huzefa Ahmadi, Sr. Adv. CC 19664/2013 Mr. Yashvardhan, Adv. Mr. Rohan Sharma, Adv. Mr. Merusagar Samantaray, Adv. For Respondent(s) in Mr. Ashok Gaur, Sr. Adv. SLP(C) 34134/2013 Mr. Pradeep Aggarwal, Adv. Mr. Sandeep Singh Sekhawat, Adv. Mr. Lal Pratap Singh, Adv. Mr. Brijesh Kumar, Adv. Mr. Umesh Pratap Singh, Adv. Ms. Ruchi Kohli, Adv. in CC 19664/2013 Mr. Ashok Gaur, Sr. Adv. Mr. Sandeep Singh Sekhawat, Adv. Mr. Lal Pratap Singh, Adv. Mr. Brijesh Kumar Singh, Adv. Mr. Umesh Pratap Singh, Adv. Mr. Sahil Dhawan, Adv. Ms. Ruchi Kohli, Adv. UPON hearing counsel the Court made the following O R D E R CAs 9703-9706 of 2013 A substantial question of law arises in these appeals as to

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whether considering the provisions of Section 14 of the National Green Tribunal Act, 2010 conferring jurisdiction on the Tribunal over all civil cases relating to the environment, the Tribunal could have passed the impugned orders relating to banning of sand/bajri mining. We admit these appeals on this question. We may formulate further substantial questions of law after hearing learned counsel for the parties after notice. Issue notice returnable on 11th November, 2013. In the meanwhile, further proceedings in O.A. No. 171 of 2013 pending before the National Green Tribunal, Principal Bench, New Delhi shall remain stayed. CC No. 19664 of 2013 Permission to file S.L.P. is granted. Issue notice returnable on 11th November, 2013. SLP(C) No. 34134 of 2013 Issue notice returnable on 11th November, 2013. In this matter, Union of India has been impleaded as a petitioner. Instead, Union of India will be arrayed as a respondent. Issue notice to the Union of India also. IN ALL MATTERS In all the matters, dasti, in addition is also permitted and parties may file additional documents, if any, in the meanwhile. All these matters be listed together on 11th November, 2013 before the Green Bench.

(G. SUDHAKARA RAO) (SHARDA KAPOOR)

COURT MASTER COURT MASTER