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    ITEM NO.37 COURT NO.

    5 SECTION XVII

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    CIVIL APPEAL DIARY NO(S). 41913/2024

    NATIONAL HIGHWAY AUTHORITY OF INDIA Appellant(s)

    VERSUS

    PREM MOHAN GAUR & ORS. Respondent(s)

    (IA No.237031/2024-CONDONATION OF DELAY IN FILING and IA


    No.237028/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
    and IA No.237026/2024-STAY APPLICATION and IA No.237030/2024-
    EXEMPTION FROM FILING O.T. and IA No.237024/2024-PERMISSION TO FILE
    ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

    Date : 09-12-2024 This matter was called on for hearing today.

    CORAM :
    HON'BLE MR. JUSTICE ABHAY S. OKA
    HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

    For Appellant(s) Mr. K.M. Nataraj, A.S.G.


    Mr. Sahil Monga, AOR
    Ms. Alekhya Sattigeri, Adv.

    For Respondent(s)

    UPON hearing the counsel the Court made the following


    O R D E R

    Application seeking exemption from filing a certified copy of

    the impugned order is allowed.

    Delay condoned.

    Perused the affidavit filed by the appellant in terms of the

    order of this Court dated 4th November, 2024. The averments made in

    paragraph 6 are very vague. It is not mentioned by the appellant

    the area of the land available with the appellant on which a pond
    Signature Not Verified

    can be created.
    Digitally signed by
    ASHISH KONDLE
    Date: 2024.12.12
    In what manner the appellant can create the pond
    19:53:11 IST
    Reason:

    is also not stated. The appellant must take advice of experts in

    1
    the field and submit a detailed report to this Court along with an

    affidavit.

    As regards compensatory afforestation, we issue notice to the

    Divisional Forest Officer, Gurugram, Haryana, returnable on

    27th January, 2025. We direct the Divisional Forest Officer to

    visit the site in question which is described in paragraph 11 of

    the affidavit and submit a report about the claim of the appellant

    regarding plantation of trees.

    The Registry to forward a copy of the affidavit of the

    appellant along with the notice to the Divisional Forest Officer,

    Gurugram.

    In the meanwhile, the interim relief granted earlier by this

    Court to continue.

    The affidavit as aforesaid shall be filed before the next

    date.

    (ASHISH KONDLE) (ANU BHALLA)


    COURT MASTER (SH) COURT MASTER (NSH)

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