National Green Tribunal
Ellora Heritage Llp vs Ministry Of Environment Forest And ... on 20 June, 2025
Item No.5 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
ORIGINAL APPLICATION NO.66 OF 2025 (WZ)
Ellora Heritage LLP
.....Applicant
Versus
MoEF&CC & Ors.
....Respondents
Date of hearing: 20.06.2025
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Saurabh Kukarni, Advocate
Respondents : Ms. Manasi Joshi, Advocate along-with
Ms. Pooja Natu, Advocate for R-4/MPCB
ORDER
1. The present Original Application has been filed with the prayers that a direction may be issued to Respondent No.2- SEIAA, Maharashtra to consider the application dated 02.12.2024, which is annexed at Annexure- A-1 to the present Original Application for grant of Environmental Clearance; a direction may be issued to Respondent No.2 to consider the application of the applicant for grant of EC as a normal application and not in accordance to the Notification dated 29th January, 2025, which is annexed at page no.131 of the paper book; a direction may be issued to CPCB to place before this Tribunal the exact CEPI score of the Navi Mumbai Area and categorization as on the date.
2. Learned counsel for the applicant has urged that at Annexure- A-11 CEPI Score for Navi Mumbai for March 2024 is recorded to be 54.10, which is below 60 and hence, the Navi Mumbai would fall in the category Page 1 of 5 of "Other Polluted Areas". Learned counsel has argued that if the CEPI score is 70 and above then the area would be categorized under the category of "Critically Polluted Areas"; 60 and above but below 70 then the area would be categorized under the category of "Severally Polluted Areas"
and if CEPI is less than 60 comes the area would be categorized under "Other Polluted Areas". Regarding this issue, we have also taken into consideration in the order dated 30.04.2025 in Original Application No.38 of 2025 (WZ), which is annexed as Annexure A-12 at page nos.189 to 192 of the paper book, in which these criteria are given.
3. It is further urged by learned counsel for the applicant that SEIAA is treating the Navi Mumbai to fall within the category of "Severely Polluted Areas", erroneously, despite the score having been provided in Annexure- A-11 being below 60 and because of that reason, SEIAA is not considering the application of the applicant and keeping the same pending.
4. It is also brought to our notice by the learned counsel for the applicant that the Bhopal Bench of this Tribunal had passed an order dated 09.08.2024 in Original Application No.93/2024 (CZ) (Pranjal Karera vs. Union of India & Ors.) to the following effect:-
"40. In view of the above submissions, arguments and records and notification, we are of the view that after quashing the notification dated 22.12.2014, vide order dated 06.03.2024, in W.P.(C) No. 3097/2016, GC is undisputedly applicable and all such projects in Schedule 8 of EIA 2006 located within 5 km. of ecologically protected areas, CPA/SPA, eco-sensitive areas, inter- state boundaries and international boundaries are to be appraised and evaluated at the central level by sector specific EAC.
41. Accordingly, we direct the MoEF&CC to strictly enforce the notification dated 14.09.2006 attached to Category 8 in the note general conditions and we direct the MoEF&CC to appraise all those building and construction projects that are located in whole Page 2 of 5 or in part within 5 km. of the protected area notified under the Wildlife (Protection) Act, 1972, critically polluted areas and severely polluted areas as identified by the CPCB, eco-sensitive areas notified under Section 3(2)of the Environment (Protection) Act, and the projects located at inter-state boundaries as Category A projects and to be appraised by the central level by the Sectoral Expert Appraisal Committee.
42. The MoEF&CC is directed to strictly comply the notification or to make a clarity by issue of notification. The copy of the order be communicated to the MoEF&CC for clarification and issue of necessary notification or to comply the EIA, Notification, 2006 in letter and spirit....."
5. In compliance with the above order, MoEF&CC had issued Notification dated 29.01.2025, which is annexed as Annexure-A-8, to the following effect:-
"
"Page 3 of 5
6. This Notification was challenged before the Hon'ble Supreme Court in Writ Petition (Civil) No.166/2025 (Vanashakti vs. Union of India & Ors.), wherein following order was passed by the Hon'ble Supreme Court:-
"Issue notice returnable on 28th March, 2925.
In the meanwhile, there will be stay of operation and implementation of the impugned Notification dated 29 th January, 2025 (Annexure P-24) as well as Office Memorandum dated 30th January, 2025 (Annexure P-25)."
7. Having cited above Judgment of Hon'ble Supreme Court, it is urged by learned counsel for the applicant that the above Notification dated 29.01.2025 has been stayed by the Hon'ble Supreme Court. Therefore, as on date, the position of law stands as given in para no.40 of Original Application No.93/2024 (CZ) passed by the Bhopal Bench of this Tribunal.
8. In view of above observations, we deem it appropriate to admit this application and accordingly admit the same.
9. Registry is directed to issue Notice to the respondents, returnable within 04(four) weeks.
10. Since learned counsel Ms. Manasi Joshi accepts notice on behalf of Respondent No.4- MPCB, notice is waived against Respondent No.4.
11. Applicant is directed to take necessary steps for service to the respondents by both ways (Dasti as well as by Registered Post) and also on available e-mail/WhatsApp. and submit service affidavit within one week.
12. Applicant is also directed to supply copy of the application and relevant documents to the respondents within a week.
13. Respondents are directed to submit their reply affidavits within four weeks through e-filing portal of NGT and also circulate the same to the applicant as also other respondents by available e-mail. Page 4 of 5
14. Rejoinder, if any, is directed to be submitted within one week thereafter.
15. Put up this matter for further consideration on 30.07.2025.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM June 20, 2025 ORIGINAL APPLICATION NO.66 OF 2025 (WZ) P.Kr Page 5 of 5