DEENDAYAL PORT TRUST Vs. STATE OF GUJARAT & ORS
LAWS(SC)-2019-1-342
SUPREME COURT OF INDIA
Decided on January 21,2019

Deendayal Port Trust Appellant
VERSUS
State Of Gujarat And Ors Respondents

JUDGEMENT

- (1.) Having regard to the prayers which were made by the appellant in the Miscellaneous Application filed before the National Green Tribunal ("NGT"), we are of the opinion that the NGT has rightly held that such prayers would not fall within the scope of Sections 14 and 15 of the National Green Tribunal Act, 2010. We may note the contention of the learned Solicitor General of India that the appellant had no option but to approach the NGT as it has passed, in the main proceedings, stay Order dated 22.11.2017, staying the grant of such permission. He, thus, submits that in essence the prayer was to relax the stay order qua the appellant so that the competent authority can consider the application of the appellant for environmental clearance.
(2.) In these circumstances, we make it clear that it would always be open to the appellant to move such an application and when this application is made, the same shall be decided on merits by the National Green Tribunal.
(3.) The appeal is, accordingly, disposed of.;


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