The Supreme Courtroom on Thursday refused to entertain a petition filed by Congress chief Jairam Ramesh regarding retrospective environmental clearances to initiatives.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi questioned how can the petitioner search a assessment of its earlier verdict by means of a writ petition.
“Please inform us how the writ is maintainable. We all know the design behind these form of writ petitions. There was a judgement. That has been put aside by a bigger bench in assessment. Now, you might be not directly submitting a assessment petition,” the CJI informed the counsel showing for Ramesh.
“Be prepared for exemplary price,” the CJI stated.
Because the bench confirmed its disinclination in entertain the petition, the counsel sought permission to withdraw it.
The bench permitted him to withdraw the plea with liberty to avail treatment in accordance with legislation.
On November 18 final 12 months, reversing its personal verdict, the highest courtroom paved the best way for retrospective environmental clearance by the Centre and different authorities to initiatives discovered violating environmental norms on cost of heavy penalties, observing that in any other case “hundreds of crores of rupees would go in waste”.
The highest courtroom, by a 2:1 majority, held that quite a few very important public initiatives constructed out of public exchequer to the tune of practically Rs 20,000 crore might be demolished if the Could 16 verdict, which barred the Centre from granting retrospective environmental clearance to initiatives, will not be recalled.
Throughout the listening to on Thursday, the bench requested the petitioner’s counsel as to why he has filed a contemporary writ petition.
“You recognize that now a three-judge bench has taken a view,” the bench stated.
The counsel referred to a January workplace memorandum and stated it was issued to offer impact to the apex courtroom’s verdict.
“I’m saying ex-post facto clearances are fallacious and I’m saying the reason for motion arose solely after the judgement,” the lawyer stated.
“Subsequently, you may problem a judgement in a writ petition? When the judgement is delivered by this courtroom and the federal government, in compliance of that judgement, has issued a notification, you’ll problem that notification?,” the CJI requested, including the petition was filed just for the media.
The counsel stated if the bench was not inclined to listen to the plea, he would withdraw it.
“If you’re aggrieved by the judgement, then you understand your treatment. How will you search a assessment of a judgement in a writ petition,” the bench stated.
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