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2018 DIGILAW 957 (SC)

SOUTH WEST PORT LTD. v. MEHDAD

2018-05-18

A.K.SIKRI, ASHOK BHUSHAN

body2018
ORDER : CIVIL APPEAL NO(S).5773-5774/2018 (@ CIVIL APPEAL Diary No(s). 17420/2018) Permission to file appeal is granted. Delay condoned. The appellant is aggrieved by order dated 22.11.2017 passed by the National Green Tribunal ('NGT') in Original Application Nos. 424 of 2016 and 11 of 2014. In the said order the NGT has passed general directions and directed all the State Governments to submit CZMP to Ministry of Environment, Forest & Climate Change by 30.04.2018 and further direction is that within three months thereafter the Ministry of Environment, Forest & Climate Change shall issue approval in regard to the fixation of hazard line and CZMP for the respective State covering the entire coastal area. The case of the appellant is that it had applied to MoEF & CC for an updated EC for consequential terminal capacity enhancement at a pre-existing facility and the MoEF & CC has recommended the grant of EC. However, no further action is taken because of the aforesaid order passed by the NGT. It is submitted that in view of this specific case of the appellant, there should not be any impediment insofar as the grant of EC to the appellant is concerned. Since the directions in the aforesaid order dated 22.11.2017 are general in nature, we permit the appellant to approach the NGT by putting its aforesaid specific case and seeking a clarification and appropriate order in this behalf. The NGT shall decide such application which is proposed to be filed by the appellant on its on merits preferably within period of three months. The appeal is disposed of accordingly. CIVIL APPEAL NO(S).5775/2018 (@ CIVIL APPEAL Diary No(s). 17390/2018 Permission to file appeal is granted. Delay condoned. We are not stating the specific details of the case of the appellant. We find that this appellant also has a specific case which can also be gone into by the NGT. We, therefore, permit this appellant also to approach the NGT, as has been done in the earlier Civil Appeal Diary No(S). 17420/2018 We are also informed that the High Court had passed some interim order in favour of the appellant. It would be open to the appellant to either approach the High Court or NGT for appropriate order. The appeal is disposed of accordingly.