Supreme Court - Daily Orders
Icem Engineering Company Pvt. Ltd. ... vs Rajamal Gurjar on 3 December, 2024
Author: Sanjay Kumar
Bench: Sanjay Kumar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7788 OF 2023
ICEM ENGINEERING COMPANY PVT. LTD. ..... APPELLANT(S)
THROUGH ITS DIRECTOR
VERSUS
RAJAMAL GURJAR & ORS. ..... RESPONDENT(S)
O R D E R
We have gone through the impugned judgment dated 26.09.2023 passed by the National Green Tribunal1, Central Zone at Bhopal, directing the appellant, ICEM Engineering Company Pvt. Ltd., to deposit ₹5 crores as interim compensation. The impugned judgment refers to the report of the Committee, which was appointed by the ex parte order dated 23.05.2023 passed by the NGT. The said report does make certain observations but also notices that the air, effluent and noise levels were within the prescribed limit.
This Court, while issuing notice in the present appeal, had directed the appellant, ICEM Engineering Company Pvt. Ltd. to deposit ₹2 crores in the Registry of this Court. A direction was also given to the Madhya Pradesh Pollution Control Board2 to conduct a surprise inspection; to conduct periodic inspections (at least, once a month) of the appellant’s factory; and to collect and Signature Not Verified Digitally signed by Deepak Guglani Date: 2024.12.05 1 17:43:07 IST Reason: “NGT”, for short 2 “MPPCB”, for short 1 analyze samples of emissions, effluents, and noise. The MPPCB has filed an affidavit of compliance in this regard, as per which the appellant, ICEM Engineering Company Pvt. Ltd., is compliant with the statutory norms.
In these circumstances, we are of the opinion that the NGT was not justified in directing the appellant, ICEM Engineering Company Pvt. Ltd., to deposit interim compensation of ₹5 crores. The interim compensation was fixed as ₹5 crores and that too, without properly computing damages/costs, even if there were certain lapses, which were noticed in the report of the Committee to the effect that a red coloured effluent, generated against floor washing and washing of mixer in which explosive clad powder was prepared, was discharged in the open area without any treatment, that no septic tank/soak pit and no actual water sprinkler system were installed. As per the appellant, ICEM Engineering Company Pvt. Ltd., they are compliant, as has been repeatedly held in different reports.
In these circumstances, we delete the direction for payment of compensation/costs of ₹5 crores, and are inclined to remand the matter to the NGT to examine the issue as to whether and what compensation, if any, should be awarded keeping in mind the facts including the reports which have been referred to above.
At this stage, the learned Senior Advocate appearing for the appellant states that the appellant, ICEM Engineering Company Pvt. Ltd., would voluntarily deposit an amount of ₹10 lakhs with the MPPCB for improving and betterment of the environment and in order 2 to enable MPPCB undertake their policies and schemes.
We take the statement on record and also hold that the appellant, ICEM Engineering Company Pvt. Ltd., must comply and meet the prescribed norms and parameters.
₹2 crores deposited by the appellant along with accrued interest, if any, shall be refunded to them within a period of 8 weeks from today. ₹10,00,000/- (Rupees ten lakhs only) will be deposited by the appellant, ICEM Engineering Company Pvt. Ltd., with the MPPCB within a period of four weeks from the date ₹2 crores are refunded to them.
Recording the aforesaid, the impugned judgment is set aside and the appeal is allowed in the aforesaid terms.
Pending application(s), if any, shall stand disposed of.
..................CJI.
(SANJIV KHANNA) ..................J. (SANJAY KUMAR) NEW DELHI;
DECEMBER 03, 2024.
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ITEM NO.10 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. 7788 OF 2023
ICEM ENGINEERING COMPANY PVT. LTD. ..... APPELLANT(S)
THROUGH ITS DIRECTOR
VERSUS
RAJAMAL GURJAR & ORS. ..... RESPONDENT(S)
(IA No. 243562/2023 - EX-PARTE STAY, IA No. 243564/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 243567/2023 - EXEMPTION FROM FILING O.T., IA No. 243561/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No. 247785/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 03-12-2024 This matter was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR For Appellant(s) Mr. Ajit Kumar Sinha, Sr. Adv.
Mr. Saket Mone, Adv.
Mr. Kush Chaturvedi, AOR Ms. Prerna Priyadarshini, Adv.
Mr. Gaurav Adusumalli, Adv.
Mr. Abhishek Salian, Adv.
Mr. Naveen Soni, Adv.
Mr. Syed Faraz Alam, Adv.
Mr. Atharva Gaur, Adv.
Mr. Aayushman Aggarwal, Adv.
Mr. Shaurya Gupta, Adv.
For Respondent(s) Mr. Vikrant Pachnanda, AOR Mr. Mukuk Katyal, Adv.
Mr. Raghav Sharma, Adv.
Mr. Jaskirat Pal Singh, Adv.
Mr. Pranjal Pandey, Adv.
Mr. Salvador Santosh Rebello, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)
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