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Narangs International Hotels Pvt. Ltd. v. Society for Protection of Culture Heritage Environment Traditions and Promotions of National Awareness & Ors.

Permission to file Civil Appeals is granted and delay condoned in C.A. Diary No. 25131/2018.

(A.K. Sikri and Ashok Bhushan, JJ.)

Narangs International Hotels Pvt. Ltd. __________________ Appellant

v.

Society for Protection of Culture Heritage Environment Traditions and Promotions of National Awareness & Ors. ____________ Respondent(s)

Civil Appeal Nos. 4958-4961 of 2018, decided on August 6, 2018

With

C.A. Nos. 4954-4957/2018, C.A. Nos. 4962-4965/2018 C.A. Nos. 4970-4973/2018 C.A. Nos. 4966-4969/2018 C.A. Nos. 4974-4977/2018 C.A. No. 5794/2018 C.A. Nos. 5796/2018 C.A. No. 5797/2018 C.A. Nos. 7386-7389/2018; and C.A. Nos. 8084-8087/2018 [D. No. 25131/2018]

The Order of the court was delivered by

Order

1. Permission to file Civil Appeals is granted and delay condoned in C.A. Diary No. 25131/2018.

2. In most of these cases, the private respondents who had filed the application(s) before the National Green Tribunal have been served but they have not entered appearance.

3. Heard learned counsel for the parties.

4. The National Green Tribunal vide its Order dated 24.11.2017 had issued various directions in these matters. The appellants are aggrieved only by Direction No. 7 which reads as under:

“7. All the coaches/buses and other vehicles plying at the airport should be CNG and must comply with the prescribed emission standards. Non-CNG buses/coaches or other vehicles plying at the airport, should be converted to CNG within six months from today.”

5. It is pointed out by the appellants herein that, apart from the coaches and buses, the National Green Tribunal has directed even “other vehicles plying at the airport should be CNG”. It is pointed out that there are vary kinds of specialized vehicles which cannot be on CNG mode at all. It is also pointed out by the learned counsel for Delhi International Airport Ltd. (“DIAL”) that is supposed to provide certain fire tender and various kinds of vehicles for quick reaction teams which cannot be also on CNG mode.

6. In our view, the grievance raised by the appellants seems to be justified. We, therefore, modify Direction No. 7 by removing the words “other vehicles” therefrom, meaning thereby, the direction shall be confined to coaches and buses.

7. The appeals are allowed in the aforesaid terms.

8. Pending applications, if any, stand disposed of.

Civil Appeal No(s). 4958-4961/2018

Narangs International Hotels Pvt. Ltd ____________________ Appellant

v.

Society For Protection of Culture Heritage Environment Traditions and Promotions of National Awarene & Ors ______________ Respondent(s)

(FOR ADMISSION and I.R. and IA No. 64488/2018-CONDONATION OF DELAY IN FILING and IA No. 64489/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 64491/2018-EX-PARTE STAY and IA No. 64487/2018-PERMISSION TO FILE APPEAL and IA No. 64490/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)

WITH

C.A. Nos. 4954-4957/2018 (XVII)

(IA No. 64888/2018-CONDONATION OF DELAY IN FILING and IA No. 64890/2018-STAY AND SUMMOM OF RECORDS and IA No. 64887/2018-PERMISSION TO FILE APPEAL and IA No. 64906/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS [ONLY D. NO. 18752, 18739, 18741/2018 ARE TO BE LISTED ON 22.05.2018 AGAINST THIS ITEM])

C.A. Nos. 4962-4965/2018 (XVII)

(IA No. 66474/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

C.A. Nos. 4970-4973/2018 (XVII)

C.A. Nos. 4966-4969/2018 (XVII)

C.A. Nos. 4974-4977/2018 (XVII)

C.A. Nos. 5794/2018 (XVII)

C.A. Nos. 5796/2018 (XVII)

C.A. No. 5797/2018 (XVII)

C.A. Nos. 7386-7389/2018 (XVII)

(IA No. 96243/2018-CONDONATION OF DELAY IN FILING and IA No. 96245/2018-STAY APPLICATION and IA No. 96246/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)

C.A. D. No. 25131/2018

(IA No. 100399/2018-CONDONATION OF DELAY IN FILING and IA No. 100400/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 100398/2018-STAY APPLICATION and IA No. 100396/2018-PERMISSION TO FILE APPEAL)

Date : 06-08-2018 These appeals were called on for hearing today.

(Before A.K. Sikri and Ashok Bhushan, JJ.)

For Appellant(s) Ms. Vanita Bhargava, Adv.

Mr. Ajay Bhargava, Adv.

Mr. Rony O. John, Adv.

Mr. Abhisaar Bairagi, Adv.

Ms. Shweta Kabra, Adv.

Ms. Swati Jain, Adv.

For M/s. Khaitan & Co., AOR

Mr. Abhimanyu Mahajan, Adv.

Ms. Ranjeeta Rohatgi, AOR

Ms. Anubha Goel, Adv.

Mr. Mrinal Ojha, Adv.

Mr. Mrinal Ojha, Adv.

Ishaam Chhaya, Adv.

Ms. Manvi Adlakha, Adv.

Mr. Jasmeet Singh, AOR

Mr. Chirag M. Shroff, AOR

Mr. Shikhil Suri, Adv.

Ms. Monisha, Adv.

Mr. Vaarish K. S., Adv.

Mr. Dhavish Chitkaran, Adv.

for DIAL Mr. Milanka Chaudhury, Adv.

Mr. Abhishek Sharma, Adv.

Ms. Abhilasha Singh, Adv.

Mr. M. R. Shamshad, AOR

Mr. Shashank Shekhar, Adv.

Mr. Onkar Sharma, Adv.

Mr. Gaurav Singh, Adv.

Mr. Rajat Mittal, AOR

For Respondent(s) for CPCB Mr. Chirag Joshi, Adv.

Mr. Ghanshyam Joshi, AOR

Mr. Kiran Kumar Patra, AOR

Mr. Aman Lekhi, ASG

Mr. Amit Sharma, Adv.

Mr. Harish Pandey, Adv. Ms. Suhasini Sen, Adv.

Mr. Gurmeet Singh Makker, AOR

Mr. Sanjeev Anand, AOR

UPON hearing the counsel the Court made the following

ORDER

9. Permission to file Civil Appeals is granted and delay condoned in C.A. Diary No. 25131/2018.

10. The appeals are allowed in terms of the signed order.

11. Pending applications, if any, stand disposed of.

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