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M/S NECC MINING CORPORATION v. STATE OF HARYANA

Supreme Court of India | Diary 10113/2023

Status

ROP - of Main Case

Decided On

10-04-2023

Bench

HON'BLE MR. JUSTICE M.R. SHAH and HON'BLE MR. JUSTICE C.T. RAVIKUMAR

Petitioner

M/S NECC MINING CORPORATION

Respondent

STATE OF HARYANA

Primary Holding

Individual stone crusher operators aggrieved by NGT orders may seek relief before the NGT itself by filing applications within prescribed timelines, with no coercive action to be taken pending such applications.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2527 OF 2023 (@ D. No. 7072/2023) M/S DADA RAM PRASAD STONE CRUSHER & ORS. Appellant(s) VERSUS THE STATE OF HARYANA & ORS. Respondent(s) WITH CIVIL APPEAL No. 2528/2023 (@ D. No. 10113/2023) O R D E R 1. Permission to file the Appeals is granted. 2. We have heard Mr. V.K. Shukla, learned Senior Advocate and Mr. Sumeer Sodhi, learned Advocate, appearing on behalf of the respective appellants. 3. The present Appeals can be disposed of in terms of the order passed by this Court dated 24.02.2023 passed in C.A. No. 1407 of 2023 [ M/s Shri Ram Stone Crusher & Ors. vs. The State of Haryana & Ors. ] and other allied Appeals. This Court disposed of the said Appeals preferred by similarly situated individual stone crushers by reserving liberty as under:- “Having heard learned counsel for the respective parties and considering the impugned order(s) passed by the NGT, we are of the opinion that if any of the individual stone crusher has any objection against the order passed by the NGT, they may approach the NGT as per the liberty reserved by the Tribunal in the impugned order itself. As and when such applications are made, the Tribunal to consider the same in accordance with law and on its own merits and considering the individual cases to be put forward before the NGT. If such applications are made within

2 a period of two weeks from today, the learned NGT to consider the same in accordance with law and on merits and to take into consideration the individual cases to be brought to the knowledge of the NGT at the earliest and preferably within a period of six weeks from the date of receipt of such applications. Till the applications are filed, no coercive action shall be taken. The present Appeals are accordingly disposed of.” The present Appeals stand disposed of in terms of the above. Pending applications also stand disposed of. ...........................J (M.R. SHAH) ...........................J (C.T. RAVIKUMAR) New Delhi; April 10, 2023

3 ITEM NO.9 COURT NO.4 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). 2527/2023 @ D. No. 7072/2023 M/S DADA RAM PRASAD STONE CRUSHER & ORS. Appellant(s) VERSUS THE STATE OF HARYANA & ORS. Respondent(s) ( IA No.63450/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.63448/2023-EX-PARTE STAY and IA No.63451/2023-EXEMPTION FROM FILING O.T. and IA No.63452/2023-PERMISSION TO FILE APPEAL ) WITH C.A. No. 2528/2023 @ D. No. 10113/2023(XVII) ( IA No.63403/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.63400/2023-STAY APPLICATION and IA No.63397/2023-PERMISSION TO FILE APPEAL and IA No.63404/2023-PERMISSION TO FILE LENGTHY LIST OF DATES and IA No.63398/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 10-04-2023 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr. V K Shukla, Sr. Adv. Dr. Vinod Kumar Tewari, AOR Mr. Pramod Tiwari, Adv. Mr. Vivek Tiwari, Adv. Ms. Bhoomi, Adv. Ms. Priyanka Dubey, Adv. Mr. Bhoopesh Pandey, Adv. Ms. Archana Pandey, Adv. Mr. Sumeer Sodhi, AOR Mr. Tejeshwar Singh, Adv. Mr. Prannoy Joe Sebastian, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Permission to file the Appeals is granted. The present Appeals stand disposed of in terms of the signed order. Pending applications also stand disposed of. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)

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