Supreme CourtDivision Bench(2019) 01 SC CK 0291

Deendayal Port Trust vs State Of Gujarat & Ors.

Supreme Court Of India · Decided on 21 January 2019

HON’BLE JUDGES
A.K. Sikri, J · S. Abdul Nazeer, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 234 Of 2019

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Judgment

3 paragraphs · 172 words

Having regard to the prayers which were made by the appellant in the Miscellaneous Application filed before the National Green Tribunal ("NGT"), we are of the opinion that the NGT has rightly held that such prayers would not fall within the scope of Sections 14 and 15 of the National Green Tribunal Act, 2010. We may note the contention of the learned Solicitor General of India that the appellant had no option but to approach the NGT as it has passed, in the main proceedings, stay Order dated 22.11.2017, staying the grant of such permission. He, thus, submits that in essence the prayer was to relax the stay order qua the appellant so that the competent authority can consider the application of the appellant for environmental clearance.

In these circumstances, we make it clear that it would always be open to the appellant to move such an application and when this application is made, the same shall be decided on merits by the National Green Tribunal.

The appeal is, accordingly, disposed of.