Bombay High Court
Vidarbha Connect, A Social ... vs Union Of India, Thr. Secretary, ... on 20 September, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
1 PIL51-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
PUBLIC INTEREST LITIGATION NO. 51/2023
(VIDARBHA CONNECT, AN ORGANIZATION & OTHERS VERSUS UNION OF INDIA & OTHERS)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri T.D. Mandlekar with Ms T.V. Fadnavis, counsel for the petitioners.
Shri N.S. Deshpande, Deputy Solicitor General of India for the respondent nos.1 & 2.
Shri S.S. Sanyal, counsel for the respondent no.3.
Shri M.P. Khajanchi, counsel for the respondent no.4.
Shri D.P. Thakare, Additional Government Pleader for the respondent nos.5 and 7.
CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.
DATE : SEPTEMBER 20, 2023.
The petitioners claiming to public spirited citizens seek to raise a challenge to the Environmental Public Hearing that was conducted by the respondent nos.3 and 4 in the matter of expansion of 2 X 660 Megawatt expansion of Koradi Thermal Power Plant at Nagpur by urging that the said exercise was contrary to the Notification dated 14.09.2006 issued by the Ministry of Environment and Forest. It is also prayed that the Maharashtra Pollution Control Board be directed to take steps against the alleged erring officers of the fourth respondent - Maharashtra State Power Generation Company Limited in terms of Section 15 of the Environment Protection Act, 1986.
2. According to the learned counsel appearing for the fourth respondent the petitioners ought to raise these grievances before the National Green Tribunal in view of the provisions of the National Green Tribunal Act, 2010 as well as the decisions in Indian Oil Corporation Limited Versus V.B.R. Menon & Others [(2023) 7 SCC 368] and Vanashakti & Another Versus Union of India & Others [2021 LawSuit (Bom) 1103].
3. In response, the learned counsel for the petitioners has invited attention to the decision in Padmakar Vinayak Deshmukh & Others Versus Union of India & Others [(2012) 1 AIR Bom R 378].
2 PIL51-23.odt
4. We find that for the present this Court can consider the grievances raised by the petitioners to the conduct of Environmental Public Hearing - Prayer Clause (i) as well as the steps sought to be taken against the alleged erring officers of the fourth respondent under Section 15 of the Environment Protection Act, 1986.
5. Hence for the present, issue notice to the respondents to answer Prayer Clauses (i) and (iv) returnable in four weeks.
6. Learned Deputy Solicitor General of India Shri N.S. Deshpande waives service of notice for the respondent nos.1 and 2.
7. Learned counsel Shri S.S. Sanyal waives service of notice for the respondent no.3.
8. Learned counsel Shri M.P. Khajanchi waives service of notice for the respondent no.4.
9. Learned Additional Government Pleader Shri D.P. Thakare waives service of notice for the respondent nos.5 and 7.
10. All other prayers in the Public Interest Litigation shall be gone into after replies are filed by the respondents.
(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) APTE Signed by: Apte Designation: PS To Honourable Judge Date: 20/09/2023 14:25:03