Supreme Court - Daily Orders
M/S. Punahchakran Private Limited vs Indotech Waste Solution on 15 July, 2024
CA 7367/2024
ITEM NO.50 COURT NO.1 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 No.7367/2024
M/S. PUNAHCHAKRAN PRIVATE LIMITED Appellant(s)
VERSUS
INDOTECH WASTE SOLUTION & ORS. Respondent(s)
(With IA No.148390/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No.148395/2024 - EXEMPTION FROM FILING O.T. and IA No.
148388/2024 - STAY APPLICATION)
Date : 15-07-2024 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE MANOJ MISRA
For Appellant(s) Mr. Shyam Divan, Sr. Adv.
Mr. Saurabh Rajpal, AOR
Mr. Vinay Kumar Singh, Adv.
Mr. Santosh Kumar, Adv.
For Respondent(s) Mr. Pinaki Misra, Sr. Adv.
Mr. Sumit Babbar, Adv.
Mr. Vikramaditya Singh, Adv.
Mr. Vineet Gupta, Adv.
Signature Not Verified
Digitally signed by
CHETAN KUMAR
Date: 2024.07.16
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17:54:01 IST
Reason:
CA 7367/2024
UPON hearing the counsel the Court made the following
O R D E R
1 By its impugned order dated 5 July 2024, the National Green Tribunal 1 has set aside the Environmental Clearance which was granted to the petitioner on 20 December 2023 on the ground that:
(i) The appellant does not have a minimum plot size of one acre; and
(ii) The appellant was not entitled to a relaxation bearing in mind the provisions contained in paragraph 7(b) of the Revised Guidelines for Common Bio-medical Waste Treatment and Disposal Facilities 2 issued by the Central Pollution Control Board 3.
2 Paragraph 7 of the Revised Guidelines which have been issued by CPCB on 21 December 2016 is extracted below:
“Land requirement Sufficient land shall be allocated to the CBWTF to provide all requisite systems which include dedicated space for storage of waste (both treated and untreated), waste treatment equipment, vehicle washing bay, vehicle parking space, ETP, incineration ash storage provision, administrative room, space for DG Set etc.
(b) Preferably, a CBWTF shall be set up on a plot size of not less than one acre in all the areas. However, a CBWTF can be developed in adjacent plots but cannot be set up in two or more different plots located in different areas.
Separate plots can be permitted only for vehicle parking if located in the close vicinity of the proposed CBWTFs or the existing CBWTFs.
(b) In case of upcoming or new CBWTFs (both in municipal limits with population for than 25 lakhs or in rural areas), the land area requirement may be relaxed (but in any 1 “NGT” 2 “CBWTF” 3 “CPCB” Page 2 of 4 CA 7367/2024 case not less than 0.5 acre) by the SPCB/PCC with additional control measures such as zero liquid discharge, increase in stack height, stringent emission norms, odour control measures or any other measures felt necessary by the prescribed authority on case-to-case basis, only in consultation with CPCB.” 3 Paragraph 7(a) indicates that preferably a Bio-medical Waste Treatment Facility should be situated on a plot size of not less than one acre in all areas. However, paragraph 7(b) indicates that in the case of upcoming or new Facilities (both in municipal limits with population more than 25 lacs) or in rural areas the land area requirement may be relaxed, but, in any case, not less than 0.5 acres.
4 According to the appellant, its CBWTF is situated in a rural area. However, this is contested by the respondent who contends that the Facility is not situated in a rural area, but is situated within the limits of Babrala Nagar Panchayat with a population much less than twenty-five lacs.
5 We have heard Mr Shyam Divan, senior counsel appearing for the appellant and Mr Pinaki Misra, senior counsel for the respondent.
6 Certain documents have been produced by the appellants in the course of the hearing, in interlocutory applications, but it has been fairly accepted that these were not part of the record before the NGT. In order to obviate any controversy on the factual aspect so as to allow this Court to have a clear indication in regard to the location of the Bio-medical Waste Treatment Facility which has been conducted by the appellant, we are of the view that a report should be called for from the District Magistrate, Sambhal, Uttar Pradesh.
7 The CBWTF of the appellant is situated on plot No E-25/26, UPSIDC Industrial Area, Babrala – 243751, District Sambhal. The District Magistrate, Sambhal shall submit a report to this Court on the following aspects:
Page 3 of 4 CA 7367/2024(i) Whether the CBWTF of the appellant is situated within the limits of Babrala Nagar Panchayat;
(ii) In the event, that the answer to (i) above is in the affirmative, the population of the Babrala Nagar Panchayat; and
(iii) In the event, that the answer to (i) above is in the negative, whether the CBWTF is situated in a rural area.
8 The report to be submitted by the District Magistrate shall be based on the official records as available. The report shall be submitted within a period of one week.
9 A copy of this order shall be communicated by the Registrar (Judicial) to the Standing Counsel for the State of Uttar Pradesh for being remitted to the District Magistrate, Sambhal.
10 List the Civil Appeal on 2 August 2024.
11 The counter affidavit by the respondent, who is on caveat, be filed by the next date of listing.
12 No coercive steps shall be taken against the appellant on the basis of the impugned order till the next date of listing.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Assistant Registrar
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