1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2700 OF 2020 M/S TATA STEEL BSL LIMITED Appellant(s) VERSUS HAZI ARIF & ORS. Respondent(s) WITH CIVIL APPEAL NO. 2727 OF 2020 CIVIL APPEAL NO. 2927 OF 2020 CIVIL APPEAL NO. 3076 OF 2020 O R D E R The challenge in the present appeals is to an order passed by the National Green Tribunal (in short, “the NGT”) on 26.02.2020. The learned NGT held that in execution proceedings, the order passed by the Tribunal on 07.10.2016 cannot be disputed. The NGT has appointed an Expert Committee on 03.03.2014 under the Chairmanship of Ms. Parul Gupta, Advocate. The said committee submitted report on 23.4.2014. The NGT passed an order on 7.10.2016 whereby t he Respondent Ghaziabad Development Authority was directed to remove all such encroachments on green belt area as per GMPD 2021 in Vaishalli Zone -5 in accordance with law. The order dated 7.10.2016 is being treated as final order though the report of Committee of Ms. Parul Gupta was accepted by NGT after giving an opportunity of hearing to the affected parties. Another Expert Committee was ordered to be constituted comprising of Professor C.R. Babu Centre, Professor for Environment Management of degraded ecosystem, School of Environment study University of
2 Delhi, Dr. Brij Gopal, Professor JNU, Professor A.K. Gosain Professor of Civil Engineering IIT, Delhi to carry out study of Sahibabad drain No. 1 Ghaziabad. The said Co mmittee had given its report on 09.10.2017. The appellant and other affected parties filed applications for impleadment in the Original Application pending before the NGT before it passed an order on 7.10.2016. Objections to the Report were also submitted. However, the NGT, in the impugned order, held that “ as an executing court, the jurisdiction of the Court is limited as it cannot go behind the original order passed in respect of which execution proceedings have been initiated.” We find that the entire basis of the order of the NGT is the Report of the Expert Committee dated 23.4.2014 leading to the alleged executable order dated 7.10.2016. Such Report was never accepted on the basis of which any executable order was passed by the NGT. The argument raised that such report was taken on record does not mean acceptance of report. Still further none of the affected parties, such as the appellants were before the NGT and no order could be passed without hearing the affected parties. Consequently, we set aside all proceedings subsequent to the submission of the Report dated 23.4.2014. The affected parties are given liberty to file objections to the report so submitted. It is only thereafter, an order can be said to have been passed by the NGT, which can be said to be an executable order. Consequently, the appeals are allowed. The order passed by the NGT on 26.02.2020 is set aside. The matter is remitted back to the NGT from the stage of submission of the Report dated 23.4.2014. The NGT
3 shall decide all questions of law and fact after hearing the affected parties in accordance with law. The interim order(s) passed by the NGT and by this Court after the submission of the Report stand vacated. Pending interlocutory application(s), if any, is/are disposed of. .......................J. [ HEMANT GUPTA ] .......................J. [ V. RAMASUBRAMANIAN ] New Delhi; OCTOBER 22, 2021.
4 ITEM NO.23 Court 11 (Video Conferencing) 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). 2700/2020 M/S TATA STEEL BSL LIMITED Appellant(s) VERSUS HAZI ARIF & ORS. Respondent(s) IA No. 57892/2020 - EX-PARTE STAY IA No. 44888/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 57894/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 57893/2020 - EXEMPTION FROM FILING O.T.) WITH C.A. No. 2727/2020 (XVII) (IA FOR STAY APPLICATION ON IA 61938/2020 FOR EXEMPTION FROM FILING O.T. ON IA 61939/2020 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 61940/2020 FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 61942/2020 IA No. 61942/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 61940/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 61939/2020 - EXEMPTION FROM FILING O.T. IA No. 61938/2020 - STAY APPLICATION) C.A. No. 2927/2020 (XVII) (IA FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 74088/2020 FOR EX-PARTE STAY ON IA 74089/2020 FOR EXEMPTION FROM FILING PAPER BOOKS ON IA 74091/2020 FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 74092/2020 FOR EXEMPTION FROM FILING O.T. ON IA 74093/2020 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 75682/2020 IA No. 74089/2020 - EX-PARTE STAY IA No. 74092/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 74088/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 74093/2020 - EXEMPTION FROM FILING O.T. IA No. 74091/2020 - EXEMPTION FROM FILING PAPER BOOKS IA No. 75682/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) C.A. No. 3076/2020 (XVII)
5 (FOR EX-PARTE STAY ON IA 86643/2020 FOR EXEMPTION FROM FILING O.T. ON IA 86644/2020 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 86645/2020 IA No. 86643/2020 - EX-PARTE STAY IA No. 86645/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 86644/2020 - EXEMPTION FROM FILING O.T.) Date : 22-10-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN Counsel for the parties Mr. Jaideep Gupta, Sr. Adv. Mr. Akshat Hansaria, Adv. Mr. Shashank Manish, Adv. Ms. Samridhi Hota, Adv. Ms. Nidhi Sahay, Adv. Mr. S. B. Upadhyay, Sr. Adv. Mr. Pawan R. Upadhyay, Adv. Mrs. Sharmila Upadhyay, Adv. Mr. Sarvjit Pratap Singh, Adv. Mr. Nishant Kumar, Adv. Mr. Varun Sharma, Adv. Mr. Gaurav Prakash Pathak, Adv. Ms. Tanzeela Mubashsharah, Adv. for M/s. Unuc Legal Llp, AOR Mr. Arvind Kumar, Adv. Mr. Vikrant Singh Bais, AOR Mr. R. Venkat Raman, Adv. Ms. Aswathi M. K., AOR Mr. Santosh Kumar, AOR Mr. Vikarn Singh, Adv. Mr. Aayushman Vatsayanana, Adv. Mr. Chitvan Singhal, Adv. Mr. Vishwajit Singh, AOR Mrs. Veera Kaul Singh, Adv. Mr. Pankaj Singh, Adv. Ms. Ridhima Singh, Adv. Mr. Vignesh Singh, Adv. Mr. Pradeep Misra, Adv. Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. Manoj Kumar Sharma, Adv. Mr. Bhuwan Chandra, Adv.
6 Mr. Raman Yadav, Adv. Mr. Syed Mehdi Imam, AOR Mr. Rajeev Sharma, Adv. Ms. Nandita Sharma, Adv. Mr. Deepak Goel, AOR Mr. Tahir Ashraf Siddiqui, AOR UPON hearing the counsel the Court made the following O R D E R The Civil Appeals are allowed in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of. (JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) COURT MASTER COURT MASTER (Signed order is placed on the file)
1 ITEM NO.44 Court 11 (Video Conferencing) 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). 2700/2020 M/S TATA STEEL BSL LIMITED Appellant(s) VERSUS HAZI ARIF & ORS. Respondent(s) (IA No. 57892/2020 - EX-PARTE STAY, IA No. 44888/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 57894/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 57893/2020 - EXEMPTION FROM FILING O.T.) WITH C.A. No. 2727/2020 (XVII) (IA No. 61942/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 61940/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 61939/2020 - EXEMPTION FROM FILING O.T., IA No. 61938/2020 - STAY APPLICATION) C.A. No. 2927/2020 (XVII) (IA No. 74089/2020 - EX-PARTE STAY, IA No. 74092/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 74088/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 74093/2020 - EXEMPTION FROM FILING O.T., IA No. 74091/2020 - EXEMPTION FROM FILING PAPER BOOKS IA No. 75682/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) C.A. No. 3076/2020 (XVII) (IA No. 86643/2020 - EX-PARTE STAY, IA No. 86645/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 86644/2020 - EXEMPTION FROM FILING O.T.) Date : 04-10-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Appellant(s) Mr. S.B. Upadhyay, Sr. Adv. Mr. Pawan R. Upadhyay, Adv. Ms. Sharmila Upadhyay, Adv. Mr. Sarvjit Pratap Singh, Adv. Mr. Gaurav Prakash Pathak, Adv. M/S. Unuc Legal Llp, AOR Mr. Jaideep Gupta, Sr. Adv. Mr. Akshat Hansaria, Adv. Mr. Shashank Manish, AOR
2 Mr. Tushar Bhatnagar, Adv. Ms. Nidhi Sahay, Adv. Mr. Shashank Manish, AOR Mr. Arvind Kumar, Adv. Mr. Vikrant Singh Bais, AOR For Respondent(s) Mr. R. Venkat Raman, Adv. Ms. Aswathi M.k., AOR Mr. Santosh Kumar, AOR Mr. Vikarn Singh, Adv . Mr. Aayushman Vatsayayana, Adv. Mr. Chitvan Singhal, Adv Mr. Vishwajit Singh, AOR Mrs. Veera Kaul Singh, Adv. Mr. Pankaj Singh, Adv. Ms. Ridhima Singh, Adv. Ms. Akansha Singh, Adv. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. Bhuwan Chandra, Adv. Mr. Manoj Kr Sharma, Adv. Mr. Raman Yadav, Adv. Mr. Syed Mehdi Imam, AOR Mr. Rajeev Sharma, Adv. Ms. Nandita Sharma, Adv. Mr. Deepak Goel, AOR Mr. Kamal Kumar Pandey, Adv. Mr. Ajay Kumar, Adv . Ms. Rubi Kumari, Adv. Mr. Vipin Kumar, Adv. Mr. Tahir Ashraf Siddiqui, AOR UPON hearing the counsel the Court made the following O R D E R List the matters after two weeks. (SWETA BALODI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)
1 ITEM NO.17 Court 11 (Video Conferencing) 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). 2700/2020 M/S TATA STEEL BSL LIMITED Appellant(s) VERSUS HAZI ARIF & ORS. Respondent(s) (IA No. 57892/2020 - EX-PARTE STAY, IA No. 44888/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 57894/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 57893/2020 - EXEMPTION FROM FILING O.T.) WITH C.A. No. 2727/2020 (XVII) (IA No. 61942/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 61940/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 61939/2020 - EXEMPTION FROM FILING O.T., IA No. 61938/2020 - STAY APPLICATION) C.A. No. 2927/2020 (XVII) (IA No. 74089/2020 - EX-PARTE STAY, IA No. 74092/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 74088/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 74093/2020 - EXEMPTION FROM FILING O.T., IA No. 74091/2020 - EXEMPTION FROM FILING PAPER BOOKS IA No. 75682/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) C.A. No. 3076/2020 (XVII) (IA No. 86643/2020 - EX-PARTE STAY, IA No. 86645/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 86644/2020 - EXEMPTION FROM FILING O.T.) Date : 03-09-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Appellant(s) Mr. Akshat Hansaria, Adv. Mr. Shashank Manish, AOR Ms. Smriti Shah, Adv. Ms. Nidhi Sahay, Adv. Mr. Pawan Upadhyay, Adv. Mrs. Sharmila Upadhyay, Adv. Mr. Sarvjit Pratap Singh, Adv. Ms. Tanzeela Mubashsharah, Adv. Mr. Gaurav Prakash Pathak, Adv.
2 Mr. Varun Sharma, Adv. For M/S. Unuc Legal LLP, AOR Mr. Arvind Kumar, Adv. Mr. Vikrant Singh Bais AOR For Respondent(s) Mr. R.Venkat Raman, Adv. Ms. Aswathi M.k., AOR Mr. Santosh Kumar, AOR Ms. Tapasya Sharma, Adv. Mr. Aayushman Vatsayayana, Adv. Mr. Chitvan Singhal, Adv. Mr. Vishwajit Singh, AOR. Mrs. Veera Kaul Singh, Adv. Mr. Pankaj Singh, Adv. Ms. Akansha Singh, Adv. Mr Pradeep Misra, Adv. Mr Daleep Dhyani, Adv. Mr Suraj Singh, Adv. Mr Bhuwan Chandra, Adv. Mr. Raman Yadav, Adv. Mr. Syed Mehdi Imam, AOR Mr. Deepak Goel, AOR Mr. Tahir Ashraf Siddiqui, AOR UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioner – UNUC Legal LLP, list the matters after four weeks. (SWETA BALODI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.25 Court 13 (Video Conferencing) 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. 2700/2020 M/S TATA STEEL BSL LIMITED Appellant(s) VERSUS HAZI ARIF & ORS. Respondent(s) (With IA No. 57892/2020 - EX-PARTE STAY) WITH C.A. No. 2927/2020 (XVII) (With IA No.74088/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.74089/2020-EX-PARTE STAY and IA No.74093/2020- EXEMPTION FROM FILING O.T. and IA No.74092/2020-EXEMPTION FROM FILING AFFIDAVIT and IA No.74091/2020-EXEMPTION FROM FILING PAPER BOOKS and IA No.75682/2020-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) C.A. No. 2727/2020 (XVII) (With IA No. 61938/2020 - STAY APPLICATION) C.A. No. 3076/2020 (XVII) (FOR ADMISSION and I.R. and IA No.86645/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.86643/2020-EX-PARTE STAY and IA No.86644/2020-EXEMPTION FROM FILING O.T.) Date : 19-02-2021 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE HEMANT GUPTA For Appellant(s) M/s. UNUC Legal LLP, AOR Mr. Akshat Hansaria, Adv. Mr. Shashank Manish, AOR Ms. Smriti Shah, Adv. Ms. Nidhi Sahay, Adv. Mr. Vikrant Singh Bais, AOR For Respondent(s) Mr. R. Venkat Raman, Adv. Ms. Aswathi M.K., AOR Mr. Santosh Kumar, AOR Mr. Vishwajit Singh, AOR Mr. Pankaj Singh, Adv. Ms. Ridhima Singh, Adv. 1
Civil Appeal No. 2700/2020 etc. Ms. Vijay Singh, Adv. Ms. Akansha Singh, Adv. Mr. Susmit Chauhan, Adv. Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv. Mr. Sharad Chauhan, Adv. Mr. Raman Yadav, Adv. Mr. Syed Mehdi Imam, AOR Mr. Syed Mansoor Ali Rizvi, Adv. Mr. Tahir Ashraf Siddiqui, AOR UPON hearing the counsel the Court made the following O R D E R Counter affidavit be filed within two weeks. Rejoinder thereto, if any, be filed within one week thereafter. List the matters for final disposal on 15 th March, 2021. (NIDHI AHUJA) (MATHEW ABRAHAM) AR-cum-PS COURT MASTER (NSH) 2
1 ITEM NO.6 Court 5 (Video Conferencing) 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).2927/2020 M/S CLOUD 9 BUILDERS Appellant(s) VERSUS HAZI ARIF & ORS. Respondent(s) (with applns. for exemption from filing c/c of the impugned judgment, ex-parte stay, exemption from filing o.t., exemption from filing affidavit, exemption from filing paper books and permission to file additional documents/facts/annexures ) WITH C.A. No.3076/2020 (XVII) (with applns. for exemption from filing c/c of the impugned judgment, ex-parte stay and exemption from filing o.t.) Date : 23-09-2020 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Appellant(s) Mr. S.B.Upadhyay,Sr.Adv. Mr. Pawan R.Upadhyay,Adv. Mr. Sarvjit Pratap Singh,Adv. Mr. Nishant Kumar,Adv. Mr. Akash Tyagi,Adv. Ms. Sharmila Upadhyay,Adv. M/S. Unuc Legal Llp, AOR Mr. Kunwar Shashank, Adv. Mr. Arvind Kumar, Adv. Mr. Subit Kumar Singh, Adv. Mr. Vikrant Singh Bais, AOR For Respondent(s) Mr. R.Venkat Raman,Adv. Ms. Aswathi M.K., AOR
2 UPON hearing the counsel the Court made the following O R D E R Learned counsel for the appellant contends that an expert Committee was appointed by the National Green Tribunal in its order dated 07.10.2016. The recommendations of the Expert Committee were never accepted by the National Green Tribunal, therefore, there is no executable order which could be challenged by the appellants at any earlier point of time. The objections filed by the appellants against the recommendations of the Expert Committee have not been considered for the reason that the appellants have not filed any appeal against the order dated 07.10.2016. Issue notice returnable within eight weeks. Until further orders, the operation of the impugned order shall remain stayed. Tag with C.A.No.2700/2020. (Geeta Ahuja) (Anand Prakash) Court Master Court Master
ITEM NO.6 Virtual Court 3 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). 2727/2020 M/S COUNTRY INN AND SUITES Appellant(s) VERSUS HAZI ARIFF & ORS. Respondent(s) (IA No.61940/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.61938/2020-STAY APPLICATION and IA No.61939/2020-EXEMPTION FROM FILING O.T. and IA No.61942/2020- EXEMPTION FROM FILING AFFIDAVIT) Date : 22-07-2020 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE KRISHNA MURARI For Appellant(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. S.B. Upadhyay, Sr. Adv. Mr. Pawan R. Upadhyay, Sr. Adv. Mr. Pawan R. Upadhyay, Adv. Ms. Sharmila Upadhyay, Adv. Mr. Sarvjit Pratap Singh, Adv. Mr. Akash Tyagi, Adv. For M/S. Unuc Legal Llp, AOR For Respondent(s) Mr. R. Venkat Raman, Adv. Ms. Aswathi M.K., AOR UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with Civil Appeal No.2700 of 2020. Ms. Awasthi M.K., learned counsel who appears on behalf of caveator accepts notice. List along with the connected matter in the second week of
2 August, 2020. Operation of the impugned order to remain stayed till the next date of hearing. (GULSHAN KUMAR ARORA) (R.S. NARAYANAN) AR-CUM-PS COURT MASTER
1 ITEM NO.6 Virtual Court 2 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). 2700/2020 M/S TATA STEEL BSL LIMITED Appellant(s) VERSUS HAZI ARIF & ORS. Respondent(s) (FOR ADMISSION and IA No.57892/2020-EX-PARTE STAY and IA No.57893/2020-EXEMPTION FROM FILING O.T. and IA No.57894/2020- EXEMPTION FROM FILING AFFIDAVIT) Date : 03-07-2020 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Appellant(s) Mr. Jaideep Gupta, Sr. Adv. Mr. Akshat Hansaria, Adv. Mr. Shashank Manish, AOR Ms. Smriti Shah, Adv. Ms. Twinkle Kataria, Adv. Ms. Nidhi Sahay, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the appellant contends that an Expert Committee was appointed by the National Green Tribunal in its order dated 7.10.2016. The recommendations of the Expert Committee were never accepted by the National Green Tribunal, therefore, there is no executable order which could be challenged by the appellant at any earlier point of time. The objections filed by the appellant against the recommendations of the Expert
2 Committee have not been considered for the reason that the appellant has not filed any appeal against the order dated 07.10.2016. Issue notice returnable within eight weeks. Until further orders, the operation of the impugned order shall remain stayed. [ CHARANJEET KAUR ] [ PRADEEP KUMAR ] A.R.-CUM-P.S. COURT MASTER