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Supreme Court of India

M/S ARAVALI POWER CO. PVT. LTD vs VEDPRAKASH on 10 May, 2022

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2022 INSC 547ReportableC.A. No.-001692-001693 - 2020Official PDFAuthor HON'BLE THE CHIEF JUSTICEBench Pamidighantam Sri NarasimhaAdvocates GAURAV
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal Nos 1692-1693 of 2020
M/s Aravali Power Co Pvt Ltd Appellant
Versus
Vedprakash and Another Respondents
W I T H
Civil Appeal No 3236 of 2020
Civil Appeal Nos 3171-3172 of 2020
Civil Appeal No 3231 of 2020
Civil Appeal Nos 3229-3230 of 2020
Civil Appeal No 2947 of 2020
Civil Appeal No 3235 of 2020
Civil Appeal No 3237 of 2020
Civil Appeal No 3398 of 2020
Civil Appeal No 2838 of 2020
Chetan Kumar
Civil Appeal No 3040 of 2020
Civil Appeal No 2713 of 2020
Civil Appeal No 2760 of 2020
Civil Appeal No 2803 of 2020
Civil Appeal Nos 3232-3233 of 2020
Civil Appeal No 2946 of 2020
Civil Appeal Nos 3038-3039 of 2020
Civil Appeal No 3234 of 2020
Civil Appeal Diary No 17940 of 2020
Civil Appeal No 3173 of 2020
Civil Appeal No 3575 of 2020
Civil Appeal Diary No 22073 of 2020
Civil Appeal Nos 3971-3972 of 2020
Civil Appeal No 225 of 2021
&
Civil Appeal Diary No 8142 of 2021
J U D G M E N T

Dr Dhananjaya Y Chandrachud, J

1 Permission to file the civil appeal is granted.

2 This batch of connected appeals has arisen from the judgments of the

National Green Tribunal1 pertaining to the utilization and disposal of fly ash

by thermal power plants. Among the orders of the NGT are orders dated 24

October 2019, 22 November 2019, 12 February 2020, 21 August 2020, 16

September 2020 (rejecting a review of the order dated 21 August 2020) and

28 September 2020 (rejecting a review of the order dated 12 February 2020).

A tabulated chart indicating the civil appeals and the corresponding orders of

the NGT is set out below:

Case Particulars Particulars of Gist of the impugned order

impugned order

CA No 1692- Order dated The matter pertained to the 1693/2020 24.10.2019 passed issue of the handling of

by NGT in accumulated fly-ash at the

OA No 834/2018 units of M/s NTPC Aravali

Power Co. (P) Ltd. and M/s

Jhajjar Power Ltd. (CLP India)

in District Jhajjar, Haryana.

1“NGT”

The NGT directed that the

evacuation of the fly-ash

stored in the ash ponds of

M/s. Indira Gandhi Super

Thermal Power Project,

Jhajjar, Haryana, was to be

completed by 31.12.2020.

Haryana Pollution Control

Board was directed to ensure

compliance. It was further

directed to take the

Performance Guarantee of

Rs. 50 Lakhs to ensure

compliance.

Order dated Since Aravali Power Co. was

22.11.2019 not a party in the

passed by proceedings before the NGT,

NGT in MA the MA was filed by Aravali

No 231/2019 in Power Co. Pvt. Ltd. for

OA No. impleadment and

834/2018 modification was dismissed.

CA No 3236/2020 Order dated The issue pertained to the

12.02.2020 management of fly-ash

passed by generated by Thermal Power

NGT in OA Plants.

No 102/2014.

The TPPs to take prompt

steps for scientific disposal of

fly-ash in accordance with

the statutory notification

issued by the MoEF & CC

under the provision of

Environmental Protection of

Act, requiring 100%

utilization and disposal of fly-

ash [based on the

Notification dated 27.01.2016

and its predecessor

Notifications].

For the non-compliant TPPs,

environmental compensation

needs to be determined w.e.f.

the cut-off date, i.e.,

31.12.2017, as stipulated in

the Notification dated

27.01.2016.

CPCB may accordingly

compute and levy

Environmental Compensation

in accordance with the

formula prescribed in the

impugned order and submit

the compliance report to the

NGT.

12.02.2020

NGT in

OA Nos

102/2014 &

117/2014.

NGT in OA

No 102/2014.

12.02.2020

NGT in

OA Nos

102/2014 &

117/2014.

NGT in

OA No

102/2014.

NGT in

OA No

102/2014.

NGT in

OA No

102/2014.

NGT in

OA No

117/2014.

NGT in

OA No

102/2014.

NGT in

OA No

102/2014.

NGT in

OA No

102/2014.

NGT in

OA No

102/2014.

NGT in

OA No

102/2014.

12.02.2020

NGT in

OA Nos

102/2014 &

117/2014

NGT in

OA No

102/2014.

12.02.2020

NGT in

OA Nos

102/2014 &

117/2014.

NGT in

OA No

102/2014.

CA Diary No. Order dated Same as in 17940-2020 12.02.2020 CA No 3236/2020

NGT in

OA No

117/2014.

NGT in

OA No

102/2014.

NGT in

OA No

117/2014.

CA Diary No. Common Same as in 22073-2020 order dated CA No 3236/2020

12.02.2020

NGT in

OA Nos

102/2014

117/2014.

CA Nos 3971- Order dated The application sought 3972/2020 21.08.2020 remedial action against

passed by Aravali Power Company

NGT in OA Private Limited, Jhajjar,

No172/2020 Haryana, for not properly

disposing-off the fly ash

generated by it on the

ground that it adversely

affected the Agricultural land

in the area.

The application was

disposed-off in light of the

Order dated 24.10.2019

passed by NGT in O.A. No.

834/2018.

[Challenged in CA Nos.

1692-1693/2020]

Order dated Review of the order dated

16.09.2020 21.08.2020 passed by NGT in

passed by O.A. No 172/2020 was

NGT in RA sought. The application was

No. 25/2020 in dismissed.

OA No

172/2020.

CA No 225/2021 Order dated Review of the order dated 12-

28.09.2020 02-2020 passed by NGT in OA

passed by No 102/2014 & other

NGT in RA connected matters were

No 27/2020 in sought. The Application was

OA No dismissed.

102/2014.

[The order dated 12-02-

2020 passed by NGT in

O.A. No. 102/2014 & other

connected matters has

been challenged in the

appeal at Sl. No. 1.1 and

other matters].

CA Diary No. Order dated Same as in 8142-2021 12.02.2020 CA No 3236/2020

NGT in

O.A. No.

102/2014

3 The NGT was seized of the issue pertaining to the handling of accumulated

fly ash at the units of several thermal power producers. In the course of its

analysis in the above orders, the NGT came to the conclusion that the

Thermal Power Plants2 had failed to take adequate steps for the scientific

disposal of fly ash in accordance with the statutory notifications issued by

the Ministry of Environment and Forest and Climate Change3 under the

provisions of the Environment Protection Act 1986.

4 The MoEF & CC issued a Notification dated 14 October 1999 requiring

manufacturers of clay bricks, tiles, blocks or construction activities to mix at

least 25% of ash. By a notification dated 27 August 2003, amendments were

made to the above notification requiring construction agencies to use 100%

of the fly ash in a phased manner up to 3 August 2007. A further amendment

was made by a notification dated 27 January 2016 which extended the time

period to achieve 100% utilization of fly ash until 31 December 2017. The

NGT directed that for non-compliant TPPs’, the environmental compensation

must be determined with effect from 31 December 2017, which is the cut-off

date stipulated in the Notification dated 27 January 2016. The Central

Pollution Control Board4, was accordingly directed to compute environmental

compensation in accordance with the formula accepted by the NGT and to

report compliance. Consequential directions have been issued in pursuance

of the above directions.

5 During the pendency of the proceedings before this Court, a notification was

issued by the MoEF&CC on 31 December 2021 in exercise of powers

conferred by Section 3 of the Environment (Protection) Act 1986.5 This

notification was issued in supersession of Notification No 763(E) dated 14

September 1999. By the notification, the Union Government has formulated

parameters for ash utilization from coal or lignite thermal power plants.

Paragraph A(5) of the said notification provides a timeline for the utilization

of ‘legacy ash’, that is unutilized accumulated ash which was stored before

the publication of the notification:

“The unutilized accumulated ash i.e. legacy ash, which is stored before the publication of this notification, shall be utilized progressively by the thermal power plants in such manner that the utilization of legacy ash shall be completed fully within ten years from the date of publication of this notification and this will be over and above the utilization targets prescribed for ash generation through current operations of that particular year: Provided that the minimum quantity of legacy ash in percentages as mentioned below shall be utilized during the corresponding year and the minimum quantity of legacy ash is to be calculated based on the annual ash generation as per installed capacity of thermal power plant.

Year from date of 1st 2nd 3rd-10th publication Utilisation of At least 20 per At least 35 per At least 50 per legacy ash (in cent cent cent percentage of Annual ash)

5 Notification No. 5481(E)

Provided further that the legacy ash utilisation shall not be required where ash pond or dyke has stabilised and the reclamation has taken place with greenbelt or plantation and the concerned State Pollution Control Board shall certify in this regard. Stabilisation and reclamation of an ash pond or dyke including certification by the Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall be carried out within a year from the date of publication of this notification. The ash remaining in all other ash ponds or dykes shall be utilised in progressive manner as per the above mentioned timelines. Note: The obligations under sub-paragraph (4) and (5) above for achieving the ash utilisation targets shall be applicable from 1st April, 2022. […]”

6 The consequence of the notification dated 31 December 2021 is that the

earlier notifications would get subsumed by the terms of the notification. The

NGT in the impugned orders had found fault with the TPPs due to their failure

to comply with the notification dated 25 January 2016 and the extended

deadline which was fixed for the utilization of fly ash. In view of the

subsequent development which has taken place, the basis of the order of the

NGT would be fundamentally altered by the modalities and time-lines which

are prescribed by the notification dated 31 December 2021. In view of the

latest notification, the orders of the NGT would have to be set aside together

with the imposition of the measure of compensation as directed in the

impugned orders.

7 During the course of the hearing, counsel appearing on behalf of some of the

contesting parties have fairly alluded to certain deficiencies in the

notification dated 31 December 2021, particularly in the context of the

loading, unloading, transport, storage and disposal of fly ash in an

environmentally sound manner to ensure that it does not cause air and water

pollution. Mr Tapesh Kumar Singh, learned AAG who appears for the State of

Jharkand submitted a note of submissions to assist the court, in his personal

capacity as an officer of the court. In this context, reliance has been placed

on an order dated 24 September 2013 of a two-Judge Bench of this Court in

SLP(C) No 30381 of 2011 when the Court was seized of a tender dispute

relating to transportation of fly ash. While dealing with the dispute, the

following directions were issued by the Court:

“Allotment of the contract and transportation work shall, however, be subject to the following further conditions:

1. The contractor shall abide by the directions issued by the Government of India, if any, under Section 5 of the Act, or the requirement of any Rules that may be framed by the Government of India under Section 6 of the Act, or

instructions/circulars, if any, issued by the Central Pollution

Control Board as to nuisance free transportation of ash,

including Pond Ash from the Thermal Power Stations to abandoned mines and to other destinations, as the case may be;

2. Pending issue of any directions or framing of any Rules by the Government of India or issuance of any

instructions/circulars by the Central Pollution Control Board, the transportation work shall be undertaken by the

contractors who emerge successful only by using mechanized steel covered container trucks which would ensure that after the Pond Ash is loaded into the truck, it has no opportunity to fly out of the container to cause any

kind of environmental hazard. We leave the details of

specifications, if any, of such trucks to the Corporation and

its Engineers to be specified in the course of negotiations

to be conducted with the bidders.”

8 By an earlier order dated 13 August 2013 in the above proceedings, this

Court had impleaded CPCB in order to ascertain whether it had prescribed

any standards or framed any rules regarding the loading, unloading,

utilization and nuisance free transportation of all types of ash including fly

ash, bottom ash and pond ash generated by TPPs. During the pendency of

those proceedings, certain steps were taken by this Court to scrutinize

whether any standards or measures have been prescribed by the CPCB.

However, on 22 January 2016, SLP(C) No 30381 of 2011 and the connected

matters were dismissed on the ground that they had been rendered

infructuous.

9 Apart from the above proceedings, during the course of the hearing, this

Court has been apprised of the regulatory provisions contained in the

Hazardous and Other Wastes (Management and Transboundary Movement)

Rules 20166 including rules 3(17), 3(23), 3(33) and 3(34) of the Rules. In this

context, it has been submitted that the Union Government is duty bound to

formulate rules to guarantee that the loading, unloading, utilization and

transportation of fly ash takes place in a manner to prevent environmental

hazards.

6“Rules of 2016”

10 At this stage, it would be material to note the provisions of paragraph A(7) of

the notification dated 31 December 2021 which reads as follows:

“(7) Every coal or lignite based thermal power plant shall

ensure that loading, unloading, transport, storage and

disposal of ash is done in an environmentally sound

manner and that all precautions to prevent air and water

pollution are taken and status in this regard shall be

reported to the concerned State Pollution Control Board

(SPCB) or Pollution Control Committee (PCC) in Annexure

attached to this notification.”

11 Paragraph E of the notification deals with enforcement, monitoring, audit and

reporting. Paragraphs (3) and (5) of paragraph E are extracted below:

“(3) For the purpose of monitoring the implementation of the

provisions of this notification, a committee shall be

constituted under the Chairperson, Central Pollution

Control Board (CPCB) with members from Ministry of

Power, Ministry of Coal, Ministry of Mines, Ministry of

Environment, Forest and Climate Change, Ministry of Road

Transportation and Highways, Department of Heavy

Industry as well as any concerned stakeholder(s), to be

nominated by the Chairman of the committee. The

committee may make recommendations for effective and

efficient implementation of the provisions of the

notification. The committee shall meet at least once in six

months and review annual implementation reports and the

committee shall also hold stakeholder consultations for

monitoring of ash utilisation as mandated by this

notification by inviting relevant stakeholder(s) at least

once in six months. The committee shall submit the six

monthly report to Ministry of Environment, Forest and

Climate Change (MoEFCC).

(5) The compliance audit for ash disposal by the thermal

power plants and the user agency shall be conducted by

auditors, authorised by Central Pollution Control Board

(CPCB) and audit report shall be submitted to Central

Pollution Control Board (CBCB) and concerned State

Pollution Control Board (SPCB) or Pollution Control Committee (PCC) by 30th November every year. Central

Pollution Control Board (CPCB) and concerned State

Pollution Control Board (SPCB) or Pollution Control

Committee (PCC) shall initiate action against non-

compliant thermal power plants within fifteen days of

receipt of audit report.”

12 In view of the above background, it would be necessary for the MoEF&CC to

revisit whether the parameters which have been prescribed by the

notification dated 31 December 2021 must be modified taking into account

the provisions of the Rules of 2016, to the extent to which the applicability of

the Rules is attracted to the utilization, transportation and disposal of fly ash.

Besides conducting this exercise, MoEF&CC shall ensure that the

enforcement, monitoring, audit and reporting mechanism which is envisaged

in paragraphs E(3) and E(5) of the notification dated 31 December 2021 is

duly put into place and enforced scrupulously. Unless steps have already

been taken to enforce the precautionary steps envisaged in the notification,

MoEF&CC shall do so within a period of three months from the date of this

judgment. In doing so the precautionary principle shall be followed. The

MoEF&CC shall also determine upon due analysis whether any further

modification of the notification is necessary to comply with the provisions of

the Rules of 2016 noticed above and other cognate legislation, including

subordinate legislation bearing on the utilization, transport and disposal of fly

ash in an environmentally sustainable manner.

13 In view of the above discussions, and having regard to the notification dated

31 December 2021, the impugned orders of the National Green Tribunal shall

stand set aside.

14 The appeals shall stand disposed in terms of the above directions.

15 We clarify that this judgment shall not be construed as a decision on merits

upholding the validity of the notification dated 31 December 2021. Any party

aggrieved by the terms of the notification would be at liberty to pursue the

remedies which are available in law before the appropriate forum.

16 IA No 111919 of 2020 in Civil Appeal Nos 3171-3172 of 2020 for

impleadment stands allowed.

17 Pending applications, if any, stand disposed of.

[Dr Dhananjaya Y Chandrachud]

[Pamidighantam Sri Narasimha]

New Delhi; May 10, 2022 CKB

Civil Appeal Nos.1692-1693/2020

M/S ARAVALI POWER CO. PVT. LTD. Appellant(s)

VERSUS

VEDPRAKASH & ANR. Respondent(s)

(With IA No.134670/2021 - APPROPRIATE ORDERS/DIRECTIONS, IA No.128136/2020 - APPROPRIATE ORDERS/DIRECTIONS, IA No.129240/2020 EARLY HEARING APPLICATION, IA No.23615/2020 - EX-PARTE STAY and IA

WITH C.A. No.3236/2020 (XVII) FILING O.T., IA No.66164/2021 - EXEMPTION FROM FILING O.T. and IA No.89318/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) C.A. No.3171-3172/2020 (XVII) (With IA No.84524/2020 – CLARIFICATION/DIRECTION, IA No.25634/2022 – CLARIFICATION/DIRECTION, IA No.97880/2020 - EX-PARTE STAY, IA No.84528/2020 - EX-PARTE STAY, IA No.84108/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 84107/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.66109/2021 - EXEMPTION FROM FILING O.T., IA No.161872/2021 - EXEMPTION FROM FILING O.T., IA No.111919/2020 – INTERVENTION/IMPLEADMENT and IA No.111933/2020 STAY APPLICATION) (With IA No.161908/2021 - COMPROMISE R.3 O.23, IA No.66122/2021 EXEMPTION FROM FILING O.T. and IA No.86566/2020 - STAY APPLICATION)

EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.161860/2021 - EXEMPTION FROM FILING O.T.) (With IA No.73066/2020 - EX-PARTE AD-INTERIM RELIEF, IA No.121720/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.73068/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA (With IA No.91413/2020 - APPLICATION FOR PERMISSION, IA No.87581/2020 - EX-PARTE STAY, IA No.161880/2021 - EXEMPTION FROM FILING O.T. and IA No.66178/2021 - EXEMPTION FROM FILING O.T.) FILING O.T., IA No.66092/2021 - EXEMPTION FROM FILING O.T. and IA (With IA No.90240/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.90239/2020 - STAY APPLICATION) (With IA No.161902/2021 - EXEMPTION FROM FILING O.T., IA No.141090/2021 - EXEMPTION FROM FILING O.T., IA No.66101/2021 EXEMPTION FROM FILING O.T. and IA No.71022/2020 - STAY APPLICATION) (With IA No.114323/2020 - CONDONATION OF DELAY IN FILING THE SPARE COPIES, IA No.161838/2021 - EXEMPTION FROM FILING O.T., IA No.66135/2021 - EXEMPTION FROM FILING O.T. and IA No.78881/2020 STAY APPLICATION) (With IA No.107268/2020 - APPLICATION FOR PERMISSION, IA No.59150/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.59148/2020 No.66173/2021 - EXEMPTION FROM FILING O.T., IA No.64390/2020 - STAY APPLICATION and IA No.59147/2020 - STAY APPLICATION) (With IA No.59960/2020 - EX-PARTE AD-INTERIM RELIEF and IA No. 59961/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

(With IA No. 66117/2021 - EXEMPTION FROM FILING O.T. and IA No.67828/2020 - STAY APPLICATION) No.161831/2021 - EXEMPTION FROM FILING O.T. and IA No.66142/2021 EXEMPTION FROM FILING O.T.) (With IA No.71609/2020 - EX-PARTE AD-INTERIM RELIEF, IA No.121787/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.71610/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.76919/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.66088/2021 - EXEMPTION FROM FILING O.T. and IA No.76918/2020 - STAY APPLICATION) No.83649/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.83648/2020 - GRANT OF INTERIM RELIEF and IA No.83652/2020 PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) EXEMPTION FROM FILING O.T. and IA No.103035/2020 - PERMISSION TO FILE APPEAL) No.86737/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.86736/2020 FACTS/ANNEXURES and IA No. 86734/2020 - STAY APPLICATION) EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.66130/2021 - EXEMPTION FROM FILING O.T.)

No.161889/2021 - EXEMPTION FROM FILING O.T., IA No.66084/2021 EXEMPTION FROM FILING O.T. and IA No.105906/2020 - PERMISSION TO FILE APPEAL) (With IA No.127787/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) FILING C/C OF THE IMPUGNED JUDGMENT, IA No.66112/2021 - EXEMPTION FROM FILING O.T. and IA No.11884/2021 - EXEMPTION FROM FILING O.T.) FILING AFFIDAVIT, IA No.49136/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.49135/2021 - PERMISSION TO FILE APPEAL)

Date : 10-05-2022 These matters were called on for hearing today.

CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

For Appellant(s) Mr. Anil Grover, Sr. AAG Ms. Noopur Singhal, Adv. Mr. Rahul Khurana, Adv. Mr. Satish Kumar, Adv. Mr. Sanjay Kumar Visen, AOR Ms. Ritu Rastogi, Adv. Mr. Suresh Kumar Bhan, Adv.

Ms. Madhumita Bhattacharjee, AOR

Mr. Deep Rao Palepu, Adv. Ms. Prerna Priyadarshini, AOR Ms. Priyashree Sharma PH, Adv.

Mr. Arjun Agarwal, Adv. Ms. Syed F. Alam, Adv.

Mr. Ashok K. Gupta, Sr. Adv. Mr. Abhishek Gupta, Adv. Ms. Ikshita Singh, Adv. Mr. Kapil Raghav, Adv. Ms. Sunita Sharma, AOR Mr. Dishant Bhati, Adv.

Mr. Sajan Poovayya, Sr. Adv. Mr. Shri Venkatesh, Adv. Ms. Nishtha Kumar, AOR Mr. Suhael Buttan, Adv. Mr. V.N. Kannan, Adv. Ms. Raksha Agrawal, Adv.

Mr. Shailesh Madiyal, AOR Mr. Sudhanshu Prakash, Adv.

Mr. Bharat Sangal, Sr. Adv. Ms. Babita Kushwaha, Adv. Mr. Nagarkatti Kartik Uday, AOR

Mr. Kaustubh Shukla, AOR

Ms. Ranjana Roy Gawai, Adv. Ms. Vasudha Sen, Adv. Mr. Vineet Wadhwa, Adv. Ms. Divya Roy, AOR

Mr. Sanjay Ghalawat, Adv. Mr. Kedar Nath Tripathy, AOR Mr. Suresh Kumar Bhan, Adv.

Mr. Manish Singhvi, Sr. Adv. Mr. Kartik Seth, Adv. Ms. Shriya Gilhotra, Adv. Ms. Garima Saxena, Adv. Mr. Sahil Nagpal, Adv.

M/s. Chambers of Kartik Seth

Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. Aniket Prasoon, Adv. Ms. Parul Shukla, Adv. Mr. Nishant Rao, Adv. Ms. Shweta Vashisth, Adv. Mr. E.C. Agrawala, AOR

Mr. Adarsh Tripathi, Adv. Mr. Vikaran Singh Baid, Adv. Mr. Saurabh Yadav, Adv. Mr. Gaurav, AOR

Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Ms. Rajeswari Mukherjee, Adv.

For Respondent(s) Ms. Aishwarya Bhati, ASG Mr. Mukesh Kumar Maroria, AOR Mr. Udai Khanna, Adv. Mr. Sughosh Subramaniyam, Adv.

Ms. Aishwarya Bhati, ASG Mr. Udit Khanna, Adv. Mr. Sughosh Subramanyam, Adv. Ms. Deepabali Dutta, Adv. Mr. Amrish Kumar, AOR

Ms. Aishwarya Bhati, ASG Ms. Ruchi Kohli, Adv. Mr. Siddhant Kohli, Adv. Ms. Suhasini Sen, Adv. Mr. Shantanu Sharma, Adv.

Mr. Udit Khanna, Adv. Mr. Sughosh Subramanyam, Adv. Ms. Deepabali Dutta, Adv. Mr. Athulesh Kumar, Adv. Mr. Harish Pandey, Adv. Mr. Ajay Kumar Singh, Adv. Mr. Rahul G. Tanwani, Adv. Mr. Rustam Singh Chauhan, Adv. Mr. Manvendra Singh, Adv. Mr. Sarad Kumar Singhania, Adv. Mr. Gurmeet Singh Makker, AOR

Mr. Gaurav, AOR

Mr. Vardhman Kaushik , AOR

Ms. Manika Tripathy Pandey, AOR Mr. Ashutosh Kaushik, Adv. Mr. Shubham Hasija, Adv. Mr. Manish Vashist, Adv.

Mr. Neeraj Kumar Gupta, AOR Mr. Ranjeet Kumar Singh, Adv. Ms. Anjali Mishra, Adv. Ms. Pallavi Kumari, Adv. Ms. Arti Prasad, Adv. Mr. Abhishek Kumar, Adv.

Mr. Sanjay Kumar Visen, AOR

Mr. Nikilesh Ramachandran, AOR Mr. Shubham Seth, Adv. Ms. Mrinal Chaudhry, Adv.

Mr. Shailesh Madiyal, AOR Mr. Sudhanshu Prakash, Adv. Ms. Neha Jain, Adv. Mr. Prateek Samjpati, Adv. Mr. Rajan Parmar, Adv.

Mr. Raj Bahadur Yadav, AOR

Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Manoj Kr. Sharma, Adv.

Mr. Praveen Swarup, AOR Ms. Payal Swarup, Adv. Mr. Kaushik Chaudhary, Adv. Mrs. Archana Sharma, Adv.

Mr. Nishit Agrawal, AOR Mr. Harsh Mishra, Adv.

Mr. Azmat Hayat Amanullah, AOR Ms. Nitya Sharma, Adv.

Ms. Aswathi M.K., AOR

Ms. Shirin Khajuria, AOR

Mr. Abhishek Atrey, AOR

Ms. Deepanwita Priyanka, AOR

Mr. Tapesh Kumar Singh, AAG Mr. Kumar Anurag Singh, Adv. Ms. Tulika Mukherjee, AOR Ms. Aastha Shrestha, Adv. Mr. Beenu Sharma, Adv.

Mr. Sachin Patil, AOR Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Ms. Shewtal Shepal, Adv.

Mr. Sunny Choudhary, AOR

Ms. Mrinal Gopal Elker, AOR Mr. Manish Yadav, Adv. Ms. Pratibha Yadav, Adv. Mr. Prafull Singh Chandel Adv.

Mr. Sibo Sankar Mishra, AOR Mr. Rajesh Kumar Nayak, Adv.

Mr. M. Yogesh Kanna, AOR

Mr. Ajay Vikram Singh, AOR Ms. Priyanka Singh, Adv. Ms. Himanshi, Adv. Mr. Narendra Rana, Adv.

Mr. Abhimanyu Tewari, AOR Ms. Eliza Bar, Adv.

Mr. Saurabh Mishra, AAG Mr. Pashupathi Nath Razdan, AOR Mr. Susheel Tomar, Adv. Mr. Prakhar Srivastava, Adv. Ms. Sneh Bairwa, Adv.

Dr. Manish Singhvi, Sr. Adv. Mr. Arpit Parkash, Adv. Mr. D.K. Devesh, AOR Mr. Upendra Pratap Singh, Adv. Mr. Harsh Singh Rawat, Adv. Mr. Abhinav S. Raghuvanshi, Adv. Mr. Suprabh Kumar Roshan, Adv.

Ms. Aparna Rohatgi Jain, Adv. Mr. Mahesh Kasana, Adv. Mr. S.K. Verma, AOR

Mr. Avijit Roy, AOR

Mr. Manish Kumar Choudhary, Adv. Ms. Namita Choudhary, AOR

Ms. Raj Lakshmi Singh, Adv.

Mr. S.C. Verma, Sr. Adv. Mr. Sumeer Sodhi, AOR Mr. Prannoy Joe Sebastian, Adv.

Mr. G.M. Kawoosa, Adv. Ms. Taruna Ardhendumauli Prasad, AOR

Mr. V.N. Raghupathy, AOR Mr. Apzal Ansari, Adv. Mr. Prakash Jadav, Adv.

Mr. Arjun Garg, AOR

Mr. Shibashish Misra, AOR

Mr. Chirag M. Shroff, AOR Mr. Amandeep Mehta, Adv.

Mr. Suvendu Suvasis Dash, AOR

Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv.

Mr. Rupesh Kumar, AOR Ms. Pankhuri Shrivastava, Adv. Ms. Neelam Sharma, Adv.

Mr. Firdouse Qutb Wani, AOR

Mr. Akshay Verma, AOR Mr. Pawan, Adv.

Ms. Uttara Babbar, AOR

Ms. Binu Tamta, AOR

Mr. Nitin Mishra, AOR

Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv. Ms. Kumud Nijhawan, Adv.

Mr. Alok Gupta, AOR

Ms. Richa Kapoor, AOR Mr. Kunal Anand, Adv. Ms. Jyoti Zongluju, Adv. Mr. Prateek Bhandari, Adv.

Ms. Asha Gopalan Nair, AOR Ms. Nivedita Nair, Adv. Mr. Anjani Kumar Singh, Adv. Mr. Arun Gopalan Nair, Adv.

Mr. Siddhesh Kotwal, Adv. Ms. Ana Upadhyay, Adv. Ms. Manya Hasija, Adv. Ms. Preeti Singh, Adv. Mr. Akash Singh, Adv. Mr. Nirnimesh Dube, AOR

Mr. Shri Venkatesh, Adv. Ms. Kanika Chugh, Adv. Mr. Nitin Saluja, AOR Mr. V.M. Kannan, Adv. Mr. Jatin Ghuliani, Adv. Mr. Suhael Buttan, Adv. Ms. Priyanka, Adv.

Mr. Yashish Chandra, Adv. Mr. Ramakant Rai, Adv. Mr. Somesh Srivastava, Adv. Mr. Sandeep Devashish Das, AOR Ms. Mehak Sood, Adv.

Mr. Deep Roy, Adv.

Mr. Rony Oommen John, Adv. Mr. Piyush Swami, Adv. Mr. Arshdeep Singh, Adv.

Dr. Joseph Aristotle S., Adv. Ms. Nupur Sharma, Adv. Mr. Shobhit Dwivedi, Adv. Mr. Sanjeev Kumar Mahara, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1 Permission to file the appeal is granted.

2 The appeals are disposed of in terms of the signed reportable judgment.

3 IA No 111919 of 2020 in Civil Appeal Nos 3171-3172 of 2020 for

impleadment stands allowed.

4 Pending applications, if any, stand disposed of.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master (Signed Reportable Judgment is placed on the file)