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Sarv Jan Kalyan Sewa Samiti v. Union of India and Others

Since the proceedings are still pending before the National Green Tribunal, it is not necessary for this Court to entertain the civil appeal at this stage.

(Dhananjaya Y. Chandrachud and Hemant Gupta, JJ.)

Sarv Jan Kalyan Sewa Samiti ________________________ Appellant;

v.

Union of India and Others ________________________ Respondent(s).

Civil Appeal No. 852 of 2019, decided on February 8, 2019

The Order of the court was delivered by


Order

1. Since the proceedings are still pending before the National Green Tribunal, it is not necessary for this Court to entertain the civil appeal at this stage. The earlier order dated 30-10-20181 and the subsequent order dated 5-12-20182 (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.

2. 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.

3. The appeal is accordingly disposed of. No costs.

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1 Sarv Jan Kalyan Sewa Samiti v. Union of India, 2018 SCC OnLine NGT 1240

2 Sarv Jan Kalyan Sewa Samiti v. Union of India, 2018 SCC OnLine NGT 1242