IN THE SUPREME COURT OF INDIA

                                             CIVIL APPELLATE JURISDICTION

                                         CIVIL APPEAL NO. 10927 OF 2018

                      IQBAL TANNERS                                                     Appellant(s)

                                                            VERSUS

                      SPECIAL SECRETARY, FOREST WILDLIFE &
                      ENVIRONMENT & ORS.                                                Respondent(s)

                                                           O R D E R

The appellant had approached the National Green Tribunal from an order dated 03.01.2017 of the Appellate Authority under Section 28 of the Water (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘Water Act’). That Authority had set aside the consent under the Water Act that was granted to the appellant and had remanded the matter. The National Green Tribunal in the appeal filed by the appellant has decided that unless ownership is first settled by the Civil Court, nothing further can be done. It is only thereafter that the Pollution Board can grant consent and the tannery will have to remain closed until this is done.

Having heard the learned counsel for both the sides, it is clear that the National Green Tribunal’s order has rendered the appellant much worse off than the Order against Signature Not Verifiedwhich he had appealed. Without going into further details, Digitally signed by NIDHI AHUJA Date: 2019.04.16 17:47:45 IST Reason: we set aside the impugned order.

The parties will be relegated now to the Pollution 1 CIVIL APPEAL NO. 10927 OF 2018 Control Board, and the order dated 03.01.2017 will have to be followed. It is open to both the parties to adduce whatever materials in support of their case and argue points of law in the remand made by the aforesaid order.

The appeal stands allowed.

……………………………………………………………., J. [ ROHINTON FALI NARIMAN ] ……………………………………………………………., J. [ VINEET SARAN ] New Delhi;

April 12, 2019.

2  CIVIL APPEAL NO. 10927 OF 2018 ITEM NO.57 COURT NO.5 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. 10927/2018 IQBAL TANNERS Appellant(s) VERSUS SPECIAL SECRETARY, FOREST WILDLIFE & ENVIRONMENT & ORS. Respondent(s) (Mediation report received) (With appln(s) for correction and placing on record additional page and for exemption from filing O.T. and to place additional documents and for stay.) Date : 12-04-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Appellant(s) Mr. V. K. Garg, Sr. Adv.

Mr. Saqib, Adv.

Ms. Noopur Dubey, Adv.

Mr. Abhimanue Shrestha, AOR For Respondent(s) Mr. Aftab Ali Khan, AOR Mr. Pradeep Misra, AOR Mr. Daleep Kr. Dhyani, Adv.

Mr. Suraj Singh, Adv.

Mr. Raunak Praekh, Adv.

Ms. Minu Kumari, Adv.

Mr. Amit Wadhwa, Adv.

Dr. Vinod Kumar Tewari, AOR UPON hearing the counsel the Court made the following O R D E R The appeal stands allowed in terms of the signed order.

Pending applications stand disposed of.

            (NIDHI AHUJA)                     (RENU DIWAN)
          COURT MASTER (SH)              ASSISTANT REGISTRAR

[Signed order is placed on the file.] 3