VidhiSangh

Supreme Court of India · 10/05/2022

M/S ARAVALI POWER CO PVT LTD versus VEDPRAKASH AND ANOTHER

[2022] 4 S.C.R. 753 · 2022 INSC 547

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Summary

The Court set aside NGT orders and the environmental compensation they imposed because the subsequent fly-ash notification of 31 December 2021 fundamentally changed the governing framework and timelines. It directed the Ministry to examine whether further safeguards were needed and implement the prescribed monitoring and enforcement machinery. The notification’s legal validity was expressly left open to challenge.

Issues

  1. What effect the subsequent fly-ash notification had on the challenged NGT orders and compensation.
  2. What directions were required for environmentally sound ash handling and enforcement.
  3. Whether the Court was deciding the notification’s validity.

Provisions considered

Held

Result

Appeals disposed of with directions; the impugned NGT orders and their compensation directions were set aside. The notification’s validity remained open; the specified impleadment application was allowed and pending applications disposed of.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 753.