1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 8067-8068/2022
GOVARDHAN MINES AND MINERAL ..... APPELLANT(S)
VERSUS
STATE OF HARYANA & ORS. ..... RESPONDENT(S)
O R D E R
We have heard the learned counsel for the parties at some
length and considered the various issues raised before us. We feel
that an order of remand is required to be passed as the reasoning
of the National Green Tribunal1, Principal Bench, New Delhi, is to
be found only in paragraphs 14, 15, 16 and 17, which in our opinion
do not deal with most of the contentions and issues raised by the
appellant.
In such circumstances, we set aside the order dated
22.08.2022/26.08.2022 passed by the NGT with an order of remand for
a fresh decision after taking into account all the pleas and
contentions raised by the appellant, except the plea of res
judicata and constructive res judicata, which in our opinion, the
appellant, Govardhan Mines and Mineral, should not be permitted to
raise in the factual matrix of the present case and keeping in view
Explanation VI to Section 11 of the Code of Civil Procedure, 1908.
Consequently, the order dated 18.10.2022 dismissing Review
1 For short, “NGT.”
2
Application No. 34/2022 shall also be treated as set aside.
To cut short the delay, the parties are directed to appear
before the NGT on 29.01.2025, when the next date of hearing would
be fixed.
We clarify that we hav...