National Green Tribunal
Ghanshyam Singh Pasi vs State Of U.P. & Ors on 26 April, 2023
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 152/2022
Ghanshyam Singh Pasi Applicant
Versus
State of U.P. & Ors. Respondents
Date of hearing: 26.04.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondents: Mr. Gi.Gi. C. George, Advocate for State of U.P.
Mr. Pradeep Misra, Advocate for UPPCB (through VC).
Mr. Shantanu Chaturvedi, Advocate for Project
Proponent- M/s. Radico Khaitan Ltd.
Application is registered based on a complaint received by Email
ORDER
1. The grievances in the present application are inter alia regarding causing of environmental pollution by Radico Khaitan Ltd., Rampur and also regarding the accident which occurred in the above said industrial establishment on 8.03.2021.
2. Vide order dated 29.04.2022, this Tribunal constituted a Joint Committee and directed the same to submit Factual and Action Taken Report within two months.
3. In compliance of above order, The Joint Committee inspected the unit of the Project Proponent on 12.07.2022 and report of the Joint Committee was also filed vide email dated 09.09.2022. O.A No. 152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors. 2
4. The Project Proponent- M/s. Radico Khaitan Ltd. filed W.P (c) 13212/2022 titled Radico Khaitan Ltd. Vs. Union of India and others before Hon'ble High Court of Delhi. Vide order dated 12.09.2022, Hon'ble High Court of Delhi stayed order dated 29.04.2022 passed by this Tribunal. The relevant part of the order dated 12.09.2022 passed by Hon'ble High Court of Delhi is reproduced as under:-
"CM APPL. 39979/2022 (for exemption) Exemption Allowed, subject to all just exceptions. The application shall stand disposed of.
W.P.(C) 13212/2022 & CM APPL. 39978/2022 (Stay) Notice. Since respondent Nos. 1 and 2 are duly represented, let counter affidavits be filed within a period of six weeks from today.
Learned counsel for the petitioner shall take steps for service upon respondent Nos. 3, 4 and 5 through all permissible modes including via approved courier service. Those respondents may also file their replies, if so chosen and advised.
Bearing in mind the fact that the identical issues are engaging the attention of the Court in W.P.(C) 10592/2022, let this petition be tagged and called along with the said petition.
Prima facie, the Court finds itself unable to sustain the order passed by the National Green Tribunal ["Tribunal"] which has yet again acting on an anonymous complaint proceeded to frame and issue peremptory directions for a Joint Committee being constituted and for the said Committee inspecting the premises of the petitioner unit and for a report thereafter being submitted.
The Court notes that the aforesaid order has been passed ex parte without the petitioner having been placed on advance notice of the complaint that was made and being afforded an opportunity to represent against the proposed directions which have ultimately come to be issued. It is in the aforesaid backdrop that learned senior counsel submits that the Tribunal has acted arbitrarily and in excess of the jurisdiction conferred upon it by Section 19 of the National Green Tribunal Act, 2010 ["the Act"]. Learned senior counsel further contended that the Tribunal has clearly not been conferred the power to pass interim orders, ex parte, in light of the provisions contained in Section 19(4)(i) of the Act. Additionally, the attention of the Court was invited to the earlier proceedings which ensued before the Tribunal and ultimately concluded in favour of the petitioner. Matter requires consideration.
Till the next date of listing, there shall be stay of the order dated 29 April 2022. This order however shall not be liable to O.A No. 152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.3
be construed as a stay of further proceedings before the Tribunal.
List again on 07.12.2022."
5. Stay of order dated 29.04.2022 has been extended by Hon'ble High Court of Delhi vide order dated 07.12.2022 till 09.05.2023 with direction to UPPCB to ''verify the genuineness of the said complaint, as also, the bona fides of the complainant, and file a report in respect of the same, by the next date of hearing'' . The relevant part of the order reads as under:-
"1. This hearing has been done through hybrid mode.
X X X X W.P.(C) 13212/2022 & CM APPL. 39978/2022 11.
11. The present petition has been filed by the Petitioner - Radico Khaitan Limited challenging the impugned order dated 29th April, 2022 passed by the Principal Bench, National Green Tribunal, New Delhi in O.A. No.152/2022 titled Ghanshyam Singh Pasi v. State of Uttar Pradesh. By the impugned order, various directions have been issued by the NGT on the basis of an unsubstantiated Letter Complaint.
12. Notice was issued to the Respondent No.1 - Union of India and the Respondent No.2 - Central Pollution Control Board, vide last order dated 12th September, 2022.
13. Mr. Ravi Prakash, ld. CGSC may obtain a copy of the alleged Letter Complaint received by the NGT, on the basis of which directions have been passed, and place the same on record, within four weeks. Copy of the said complaint be also supplied to the ld. Counsels for the Petitioner, as also, ld. Counsel for the Central Pollution Control Board.
14. Let the Respondent No.2 - Central Pollution Control Board verify the genuineness of the said complaint, as also, the bona fides of the complainant, and file a report in respect of the same, by the next date of hearing.
15. List on 9th May, 2023.
16. Interim order granted on 12th September, 2022 shall continue"
6. We have gone through the above quoted orders and noticed the ground of challenge to order dated 29.04.2022 and find that further proceedings before this Tribunal have not been stayed by the Hon'ble High Court of Delhi by either of the orders dated 12.09.2022 and O.A No. 152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors. 4 07.12.2022. However, in view of order dated 12.09.2022 the report of the Joint Committee is not taken into consideration at this stage.
7. Vide order dated 07.12.2022, Hon'ble Delhi High Court directed the CPCB verify the genuineness of the said compliant, as also, the bona fides of the complainant, and file a report in respect of the same. The CPCB is directed to file copy of its report before this Tribunal.
8. O.A No. 324/2022 titled Shailesh Singh vs. State of U.P & Ors. was filed before this Tribunal against the Project Proponent earlier complaining about pollution of Kosi River by discharge of its industrial effluent. Vide order dated this 18.03.2021 this Tribunal directed that regular vigilance may be maintained by the concerned SPCBs and other statutory regulators and impact on water quality of river Kosi, Dhela, Bhela, Ramganga and finally on Ganga may be overseen by CPCB and NMCG. In view of these facts and circumstances, we consider to appropriate to direct the Project Proponent to file its response in tabular format regarding compliance with EC/CTE/CTO conditions imposed for abatement of environmental pollution and treatment and discharge of effluents from its industrial unit in question.
9. Report by CPCB and response by Project Proponent- M/s. Radico Khaitan Ltd. be filed within above mentioned period by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
10. List the matter for further consideration on 04.08.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM April 26 2023 AG