Here is the recent update from CROMA Legal Committee on the Dumping Ground Litigation.
Dear All, queries have been coming on the group regarding the interpretation of the language of the court order dated 2.04.2013.
I must clarify the order in a simple way that since UP Pollution Control Board which is one of the Respondent, in their letter written to GNN annexed with their Affidavit filed in the Court has clearly stated that 'no construction activity can be continue without Enviornment Clearance which is already expired'. This is the same prayer pleaded by Ansal's in their Application for Stay that construction can not be commenced for Dumpyard without all compliance in place including Enviornment Clearance .Therefore in view of the UPPCB Affidavit, the Hon'ble Supreme Court has recorded in the order by stating that :
"Having regard to the fact that the authorisation granted by the U.P. Pollution Control Board has since expired, the relief prayed for in I.A.No.6 has to a large extent been watered down"
Since Prayer requested by Ansal's is already complied by undertaking of UPPCB and the matter for current situation vis a vis construction is concern stands clear by the Respondent party themselves. Therefore the above order is passed.
Since Prayer requested by Ansal's is already complied by undertaking of UPPCB and the matter for current situation vis a vis construction is concern stands clear by the Respondent party themselves. Therefore the above order is passed.
Best Regards
Akhil Chhabra
Legal Committee-CROMA
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Below is the copy of order dated 2.04.2013 passed by Supreme Court in Ansal's Stay Application which was listed for hearing yesterday. I attended the hearing. Read the order below.
ITEM NO.2 COURT NO.1 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA 6/2013 in Petition(s) for Special Leave to Appeal (Civil) No(s).32118/2011 (From the judgement and order dated 30/08/2011 in WP No.254/2009 of The HIGH COURT OF JUDICATURE AT ALLAHABAD, BENCH AT LUCKNOW) M/S ANSAL PROPERTIES & INFRAS.LTD. Petitioner(s) VERSUS STATE OF U.P.& ORS. Respondent(s) ( for stay and office report )) Date: 02/04/2013 This Petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SEN For Petitioner(s) Mr. Gopal Subramanium, Sr. Adv. Mr. S.M.A. Kazmi, Sr. Adv. Ms. Mukti Chaudhry,AOR. Mr. Sahil Chopra, Adv. Mr. Pankaj Tiwari, Adv. For Respondent(s) R.5 Mr. Sudhir Kulshreshtha,AOR. Mr. Pradeep Misra ,AOR R.4 Mr. Ranbir Singh Yadav ,AOR Mr. P.Kakra, Adv. Ms. Anzu K.Varkey, Adv. Mr. Gaurav Bhatia, AAG, UP. Mr. Vinay Garg ,AOR Mr. Rajat Singh, Adv. Mr. Tanmaya Agarwal, Adv. Mr. Vinay Garg, AOR. UPON hearing counsel the Court made the following O R D E R Having regard to the fact that the authorisation granted by the U.P. Pollution Control Board has since expired, the relief prayed for in I.A.No.6 has to a large extent been watered down. Let both the I.A and the Special Leave Petition, be taken up for consideration for final reliefs on 30th April, 2013, within the first three items of the hearing group. |(Sheetal Dhingra) | |(Juginder Kaur) | |AR-cum-PS | |Assistant Registrar |
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