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Interglobe Aviation Limited v/s Union of India Ministry of Environment, Forest & Climate Change Secretary & Others

    Civil Appeal Nos. 79-81 of 2019 with IA No. 179154, 179156, 180514, 179158 of 2018

    Decided On, 16 July 2019

    At, Supreme Court of India


    For the Appellant: Saurabh Kirpal, Jasmeet Singh, AOR, Mrinal Ojha, Ishaan Chhaya, Rashi Goswami, Hemant Jain, S. Rusheet, Saif Ali, Advocates. For the Respondents: Sonia Mathur, Sr. Advocate, Chinmayee Chandra, Santosh Rebello, Swati Ghildiyal, B.V. Balaram Das, AOR, Gurmeet Singh Makker, AOR, Kiran Kumar Patra, AOR, U.A.Rana, M/s. Gagrat And Co, AOR, Sanjay Pal, Amrendra Kumar Mehta, AOR, Gunjan Kumari, Sanjay Kumar Dubey, AOR, Shuchi Singh, Krishna Kant Dubey, Advocates.

Judgment Text

1. In pursuance of the previous order of this Court dated 2 July 2019, the Union Government in the Ministry of Health and Family Welfare has constituted an expert High Powered Committee to take a considered decision on the issues raised in the appeal after due assessment of the benefits and hazards involved.

2. The Committee consists of the following Members:

i. Principal Advisor (Public Health), MoHFW Chairman

ii. Director, National Centre for Disease Control, Delhi, Dte. GHS, MoHFW- Member

iii. Director, National Vector Borne Disease Control Programme, Dte.GHS, MoHFW- Member

iv. Representative of Directorate General of Civil Aviation Member

v. Head, Epidemiology & Communicable Diseases, ICMR, Delhi Member

vi. National Professional Officer, International Health Regulations, WHO, India Member

vii. Airport Health Officer, Delhi, Dte.GHS, MoHFW Member viii. Deputy Assistant Director General (International Health), Dte. GHS, MoHFW -Member Secretary.

3. Since a Committee has been formed, we defer the hearing of the appeal to enable the Committee to deliberate and submit its report. The Committee would be at liberty to set down the modalities for its proceedings including by furnishing an opportunity to the stakeholders to place their views before the Committee. The Court has been apprised that a formal notification will be issued by the Union Government during the course of the week.

4. The Committee shall prepare and submit its final report to this Court on or before 31 October 2019. We however leave it open to the Committee to submit an interim report.

5. The Union of India is permitted to take out a Miscellaneous Application to facilitate the

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grant of such interim directions as may be warranted in the interest of public health and safety after the report of the Committee is submitted. List the Civil Appeals on 5 November 2019.