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1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10661 OF 2018 B. RAGHUPATHY Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) O R D E R
Learned counsel for the appellant submits that the appellant had specifically urged about violation of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, EIA clearance notifications and buffer zone violations, as can be discerned from pages 249-250 of the paper book which is part of the original application. In other words, permission or consent given by the Pollution Control Board, by itself, cannot be the basis for permitting the project to proceed. However, the National Green Tribunal has not addressed this aspect at all. The appellant is free to bring this aspect to the notice of the National Green Tribunal, if so advised, by filing a review petition.
However, if the review petition is dismissed, it will be open to the appellant to challenge the said order as Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2018.11.14 well as the impugned order before this Court. 14:11:58 IST Reason:
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In view of the above, the appeal stands disposed of.
.............................J. (A.M. KHANWILKAR) .............................J.
(DEEPAK GUPTA) NEW DELHI NOVEMBER 13, 2018 3 ITEM NO.27 COURT NO.12 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).10661/2018 B. RAGHUPATHY Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (WITH IA No.152786/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.152783/2018-STAY APPLICATION) Date : 13-11-2018 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DEEPAK GUPTA For Appellant(s) Ms. Meenakshi Arora, Sr. Adv.
Mr. Jagjit Singh Chhabra, AOR Mr. Saksham Maheshwari, Adv. Mr. Eeshan Chaturvedi, Adv. For Respondent(s) Mr. Anoop Kr. Srivastav, AOR Mr. Ravindra Nath Pareek, Adv. Mr. Vipin Kumar Saxena, Adv. Mr. P.K. Sinha, Adv.
Mr. Vijay Pal Sharma, Adv.
Mr. Sudhir Kumar, Adv.
Mr. Aakash VT, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.
Pending applications are disposed of. (SANJAY KUMAR-I) (KAILASH CHANDER) AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)