SARV JAN KALYAN SEWA SAMITIversusUNION OF INDIA & ORS.

814                       [2019]
               SUPREME COURT     6 S.C.R. 812
                              REPORTS                      [2019] 6 S.C.R.


A                    SARV JAN KALYAN SEWA SAMITI
                                        v.
                          UNION OF INDIA & ORS.
                         (Civil Appeal No. 3571 of 2019)
B
                                APRIL 16, 2019
              [DR. DHANANJAYA Y CHANDRACHUD AND
                           HEMANT GUPTA, JJ.]

C           Judgment/order: Effect of – Order passed by the National
      Green tribunal – Appeal thereagainst – Appellant’s case that as a
      result of the order passed by the tribunal, appellant has been
      completely shut out from redress in the proceedings pending before
      the NGT – Held :Consequence of the impugned order is to effectively
      shut out the appellant from addressing its objections to the proposed
D     exchange before the NGT – This course of action, followed by the
      NGT, is indefensible – NGT ought to have, in deference to the order
      passed by this Court, allowed the process which had been initiated
      before the State and Ministry of Environment, Forest and Climate
      Change to continue, but to permit the appellant in the pending
      proceedings to address its objections in accordance with law – NGT
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      was duty bound to follow the order of this Court and the same was
      not done – Thus, the impugned order of the NGT set aside.
            CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3571
      of 2019.
F           From the Judgment and Order dated 11.02.2019 of the National
      Green Tribunal, Principal Bench at New Delhi in O.A. No. 124 of 2017.
            N. Hariharan, Sr. Adv., Varun Mahalawat, Siddharth S. Yadav,
      Nishant Anand, Varun Deswal, Ms. Mallika, Prateek, Abhigya, Adity
      Vaibhav Singh, Ms. Rekha Ahgara, Ms. Sneha Siddharth, Advs. for the
G     Appellant.
           Anil Grover, AAG, C. U. Singh, Sr. Adv., Ms. Shyel Trehan, Raghav
      Anand, Aman Shukla, Ms. Liz Mathew, Ms. Noopur Singhal, Rahul
      Khurana, Sanjay Kumar Visen, Advs. for the Respondents.

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                                       812
    SARV JAN KALYAN SEWA SAMITI v. UNION OF INDIA                            815


      The following Order of the Court was passed                            A
                              ORDER
      DR. DHANANJAYA Y CHANDRACHUD, J.
      1. Appeal admitted.
                                                                             B
      2. On 8 February 2019, the following order was passed by this
Court, when a challenge was addressed to the order of the National
Green Tribunal1 dated 5 December 2018:
      “Since the proceedings are still pending before the National Green
      Tribunal, it is not necessary for this Court to entertain the civil
                                                                             C
      appeal at this stage. The earlier order dated 30 October 2018 and
      the subsequent order dated 5 December 2018 (the latter is
      impugned in the present appeal) are interlocutory. Any decision
      by the Ministry of Environment, Forests and Climate Change,
      Government of India and by the Forest Department of the
      Government of Haryana must be in accordance with law.                  D
      Since the OA is still pending before the Tribunal, this shall not
      come in the way of the appellant pursuing its remedies in the
      pending proceedings.
      The appeal is accordingly disposed of. No costs.”
                                                                             E
       3. On 5 December 2018, the NGT had, while adverting to its
earlier order dated 30 October 2018, reiterated that the fourth respondent
herein may submit a proposal to the Ministry of Environment, Forests
and Climate Change2 and to the State Government. The proposal was
to be considered by the State of Haryana and by the MOEF&CC.
                                                                             F
       4. When the earlier Civil Appeal came up before this Court on 8
February 2019, as the order indicates, it was disposed of since the
direction contained in the order dated 5 December 2018 was interlocutory
in nature. However, this Court observed that:
       (i) Any decision by the MOEF&CC and by the Forest Department          G
of the Government of Haryana must be in accordance with law;
      (ii) Since the Original Application3 was still pending before the
1
  NGT
2
  MOEF&CC
3
  OA                                                                         H
816             SUPREME COURT REPORTS                           [2019] 6 S.C.R.


A     NGT, this shall not come in the way of the appellant pursuing its remedies
      in the pending proceedings.
             5. Following the order passed by this Court, a two-Judge Bench
      of the NGT passed the following order on 11 February 2019:
            “At the outset, we have been informed that the order dated on
B
            05.12.2018 was challenged by the applicant before the Hon’ble
            Supreme Court. However, the said civil appeal has been decided
            without any interference by the Hon’ble Court. Therefore, the
            steps to be taken in furtherance of the proposal given on 05.12.2018
            should be expedited. The State of Haryana, before which the
C           proposal is pending for consideration, to decide the same within
            two weeks from today. Thereafter, the matter be sent to Regional
            Officer, MoEF at Chandigarh who shall consider and decide within
            two weeks from date of receipt of the proposal from State of
            Haryana.
D           Accordingly, Original Application No.124 of 2017 stands disposed
            of, with no order as to cost.
            M.A. No.208 of 2017
            This application does not survive for consideration as the main
            appeal itself stands dismissed.
E
            M.A. No.208 of 2017 stands disposed of accordingly.”
             The above order dated 11 February 2019 is the subject matter of
      the present Civil Appeal.
             6. On behalf of the appellant, it has been submitted that as a result
F
      of the impugned order of the NGT, the appellant has been completely
      shut out from seeking redress in the proceedings which were pending
      before the NGT. It has been urged that the clear intendment of the order
      of this Court was that all objections which the appellant has in regard to
      the proposal for the exchange of land with forest land alleged to have
G     been encroached upon would have to be considered by the NGT. The
      NGT has obviated that process by simply disposing of the OA without
      considering the objections.



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   SARV JAN KALYAN SEWA SAMITI v. UNION OF INDIA                             817
       [DR. DHANANJAYA Y CHANDRACHUD, J.]

       7. On the other hand, Mr. C.U. Singh, learned senior counsel          A
appearing on behalf of the fourth respondent, submits that the fourth
respondent has already taken steps to dismantle and shift the wall and
the impugned order of the NGT was in furtherance of the earlier directions
which have already been issued on 30 October 2018 and 5 December
2018. Moreover, it has been submitted that the Court may at best delete
                                                                             B
the last sentence of the order of the NGT by which the OA has been
disposed of so that the OA may be restored to file for consideration of
such objections as the appellant may have. Alternatively, it has been
submitted that the appellant may be left at liberty to pursue its remedies
once a final decision has been arrived at by the State of Haryana and by
the MOEF&CC.                                                                 C
       8. At the outset, it is necessary to observe that the order of this
Court dated 8 February 2019 indicates that the reason why the Court did
not interfere, at that stage, with the order dated 5 December 2018 was
because it was of an interlocutory nature. At the same time, this Court
observed that any decision by the MOEF&CC as well as by the State            D
Government would have to be in accordance with law. More significantly,
since the OA was pending, this Court observed that this shall not come
in the way of the appellant pursuing its remedies in the pending
proceedings. We find from the impugned order of the NGT dated 11
February 2019 that it proceeded on the basis of what it was informed as
                                                                             E
the crux of the order of this Court. Had the NGT awaited a copy of the
order of this Court, it would have been in a position to appreciate the
contents of the order which was passed on 8 February 2019. The
consequence of the impugned order is to effectively shut out the appellant
from addressing its objections to the proposed exchange before the NGT.
In our view, this course of action, which has been followed by the NGT,      F
is indefensible. The NGT ought to have, in deference to the order passed
by this Court, allowed the process which had been initiated before the
State and MOEF&CC to continue, but to permit the appellant in the
pending proceedings to address its objections in accordance with law.
      9. We are, therefore, unimpressed with the submissions which           G
have been urged on behalf of the fourth respondent and, for that matter,
on behalf of the State of Haryana. The NGT was duty bound to follow
the order of this Court and we are constrained to observe that this has
not been done.
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818                SUPREME COURT REPORTS                    [2019] 6 S.C.R.


A           10. For the above reasons, we allow the appeal and set aside the
      impugned order of the NGT dated 11 February 2019 in its entirety. We
      accordingly restore OA 124 of 2017 to the file of the NGT and now
      expect that the NGT shall abide by the order passed by this Court on 8
      February 2019.
B             11. The Appeal is accordingly disposed of. No costs.

      Nidhi Jain                                             Appeal disposed of.




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