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Interglobe Aviation Limited v. Union of India Ministry of Environment, Forest and Climate Change Secretary and Others

In pursuance of the previous order of this Court dated 2-7-20191, the Union Government in the Ministry of Health and Family Welfare has constituted an expert High Powered Committee to take a considered decision on the issues raised in the appeal after due assessment of the benefits and hazards involved.

(D.Y. Chandrachud and Indira Banerjee, JJ.)

Interglobe Aviation Limited ________________________ Appellant;

v.

Union of India Ministry of Environment, Forest and Climate Change Secretary and Others ____________________________ Respondent(s).

Civil Appeal No(s). 79-81/2019, decided on July 16, 2019

IA No. 179154/2018 – Condonation of Delay in Filing Appeal IA No. 179156/2018 – Permission to File Additional Documents/Facts/Annexures IA No. 180514/2018 – Permission to File Additional Documents/Facts/Annexures IA No. 179158/2018 – Stay Application)

The Order of the court was delivered by

Order

1. In pursuance of the previous order of this Court dated 2-7-20191, the Union Government in the Ministry of Health and Family Welfare has constituted an expert High Powered Committee to take a considered decision on the issues raised in the appeal after due assessment of the benefits and hazards involved.

2. The Committee consists of the following Members:

i. Principal Advisor (Public Health), MoHFW – Chairman

ii. Director, National Centre for Disease Control, Delhi, Dte. GHS, MoHFW-Member

iii. Director, National Vector Borne Disease Control Programme, Dte.GHS, MoHFW-Member

iv. Representative of Directorate General of Civil Aviation – Member

v. Head, Epidemiology & Communicable Diseases, ICMR, Delhi – Member

vi. National Professional Officer, International Health Regulations, WHO, India – Member

vii. Airport Health Officer, Delhi, Dte.GHS, MoHFW – Member

viii. Deputy Assistant Director General (International Health), Dte. GHS, MoHFW-Member Secretary.

3. Since a Committee has been formed, we defer the hearing of the appeal to enable the Committee to deliberate and submit its report. The Committee would be at liberty to set down the modalities for its proceedings including by furnishing an opportunity to the stakeholders to place their views before the Committee. The Court has been apprised that a formal notification will be issued by the Union Government during the course of the week.

4. The Committee shall prepare and submit its final report to this Court on or before 31 October 2019. We however leave it open to the Committee to submit an interim report.

5. The Union of India is permitted to take out a Miscellaneous Application to facilitate the grant of such interim directions as may be warranted in the interest of public health and safety after the report of the Committee is submitted.

6. List the Civil Appeals on 5 November 2019.

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1 Interglobe Aviation Ltd. v. Union of India, Civil Appeal No. 79 of 2019, order dated 2-7-2019 (SC)