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Phoenix, Khaitan get SC to stay NGT order for 100% CNG conversion of airport vehicles

Phoenix Legal obtained a stay, by the Supreme Court, on the National Green Tribunal’s (NGT) order that had directed all vehicles plying at Delhi’s Indira Gandhi International (IGI) airport to be converted to using only CNG as fuel.

Phoenix partner Mrinal Ojha, senior associate Ishaan Chhaya and associates Manvi Adhlakha and Nayantara Vohra briefed senior advocates Mukul Rohatgi and Neeraj Kaul for the Federation of Indian Airlines (FIA), i.e. airlines Jet Airways, Go Air, Spicejet and Indigo.

Caterer Ambassador Skychef instructed advocate Nakul Dewan.

Khaitan & Co partners Ajay Bhargava and Vanita Bhargava, principal associates, Rony John and Abhisaar Bairagi and associate Shweta Kabra acted for airport ground handlers like Air India Sats, the Bird Group, Celebi Airport Services and Indamer Mjets Airport Services.

The NGT in its hearing of a noise pollution case had on 24 November 2017 directed that all vehicles plying at the Delhi Airport should be converted to CNG within 6 months, i.e. by 24 May 2018, as then reported by ]Business Standard.

“This direction would have caused significant operational issues at the Delhi Airport. There are various categories of vehicles used by stakeholders, such as airlines and caterers, that cannot be converted to CNG. For example, airlines use mostly imported pushback tugs for pushing back aircrafts, which do not run on CNG. Similarly, caterers using hydraulic lifts to service large aircrafts such as Airbus 380s cannot draw power for them from CNG engines. The airlines, caterers and ground handlers were not parties in the NGT matter in which this direction was passed,” explained Phoenix.

Foreseeing the inherent problem with the NGT’s direction, the FIA and Sky Chef and certain ground-handlers appealed against it before the Supreme Court. The SC stayed the NGT’s order on 7 May.

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Like +3 Object -7 BK Road 08 May 18, 15:25
News of law firm obtaining stays on NGT orders are being reported, but all of Luthra’s recent big deals are chosen to be ignored.

Such hypocrisy and bias in play here
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Like +1 Object -0 Khamba 08 May 18, 20:54
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Like +6 Object -4 Lawyer11 08 May 18, 16:49
Since when did Nakul Dewan become a Senior Advocate?
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Like +4 Object -0 Junior Advocate 08 May 18, 17:28
Agreed. Nakul Dewan is not a Senior.
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Like +1 Object -5 Another point of view 08 May 18, 17:51
If not now then he is going to become either this year or next year.
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Like +0 Object -0 Junior Advocate 09 May 18, 16:24
Kuchh bhi matt pel bhai...
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Like +3 Object -1 GobiCNG 08 May 18, 16:53
There could have been a clarification excluding the vehicles which cannot run on CNG. The NGT order's primary aim was to control pollution which has been (what it seems like from this article) negated by a complete stay by the Supreme Court. It's high time the Supreme Court only admits cases dealing with a question of law that is of public importance (more like in the US and UK) instead of being a bottleneck in regular orders of subordinate courts.
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Like +1 Object -1 ZRS 08 May 18, 17:03
Bhai, I completely understand and appreciate your sentiment and I agree with it.
But to believe that this will happen anytime - soon - forget it.
Our SC is the Santa Claus for many people - ready to accept a very large part of the SLPs, give some odd-ball interim relief and make every one 'content' (not happy) and then take years to complete hearings.
If we move to the US style system, it will be a drastic change for all involved - most importantly, the SC Counsel and law firms - the work volume will shrink unimaginably :) :)
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Like +3 Object -1 GobiCNG 08 May 18, 17:48
I appreciate your point and I know that my sentiments are utopian. On a side note, people who vote poor/object to my comment are the beneficiaries of this joke of an appellate system. And these people are in heaps, sadly.
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