National Green Tribunal
M/S Sai Fertilizers Pvt Ltd vs Central Pollution Control Board on 16 July, 2024
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.117/2024/EZ
(I.A. No.43/2024/EZ & I.A. No.46/2024/EZ)
IN THE MATTER OF:
M/s Sai Fertilizers Pvt. Ltd.,
Through its Director,
21, C.R. Avenue, White House,
2nd Floor, Kolkata,
Pin - 700072,
...Applicant(s)
Versus
1. Central Pollution Control Board,
Through the Member Secretary,
Parivesh Bhawan, CBD-cum-Office Complex,
East Arjun Nagar, Delhi,
Pin - 110032,
2. Ministry of Environment, Forests and Climate Change,
Through the Secretary,
Indira Paryavaran Bhawan,
Jor Bagh, New Delhi,
Pin - 110003,
3. Department of Fertilizers,
Through the Secretary,
Ministry of Chemicals and Fertilizers,
Shastri Bhawan, New Delhi,
Pin - 110001,
4. West Bengal Pollution Control Board,
Through the Member Secretary,
Paribesh Bhavan Canteen, 10A, Broadway Rd.,
LA Block, Sector-3, Bidhannagar,
Kolkata - 700106,
5. Fertilizer Association of India,
Through the Director,
10, Shaheed Jit Singh Marg,
New Delhi - 110016,
...Respondent(s)
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Date of hearing: 16.07.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Sanjay Upadhyay, Sr. Advocate (in Virtual Mode) a/w
Ms. Gitanjali Sanyal, Advocate (in Virtual Mode)
For Respondent(s) : Mr. Rajib Ray, Advocate for R-1,
Ms. Rashhmi Singhee, Adv. for R-2, (in Virtual Mode)
Mr. Ashok Prasad, Advocate for R-3,
Mr. Ayush Kumar Dadhich, Advocate for R-4,
Mr. Sarad Kumar Sunny, Advocate (in Virtual Mode) a/w
Mr. Rohan Dua & Keshav Mann, Advs. for R-5,
Mr. Daleep Dhyani, Advocate (in Virtual Mode)
For Applicant (in I.A. No.46/2024/EZ)
ORDER
1. Mr. Sanjay Upadhyay, learned Senior Counsel assisted by Ms. Gitanjali Sanyal, learned Counsel are present (in Virtual Mode) for the Applicant.
2. Counter-affidavit dated 15.07.2024 has been filed on behalf of the Respondent No.1, Central Pollution Control Board; the same is taken on record. Along with this affidavit, Standard Operating Procedure (SOP) of June, 2024, for 'Utilization of Spent Sulphuric Acid (SSA) [generated from Linear Alkyl Benzene Sulphonic Acid (LABSA)] in manufacturing of Single Super Phosphate for use as Fertilizer' has been filed as Annexure-V.
3. Counter-affidavit dated 03.07.2024 has been filed on behalf of the Respondent No.5, Fertilizer Association of India; the same is taken on record.
4. Mr. Sarad Kumar Sunny, learned Counsel appearing (in Virtual Mode) for Respondent No.5, Fertilizer Association of India, states that since no relief is sought against the Respondent No.5 and the said Respondent is not affected by the relief claimed in the present Original Applicant, he does not want to oppose the present Original Application.
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5. Mr. Ashok Prasad, learned Counsel appearing for Respondent No.3, Department of Fertilizers, Ministry of Chemicals and Fertilizers, states that considering the relief claimed in the present Original Application, he does not want to file any counter-affidavit at this stage.
6. Mr. Ayush Kumar Dadhich, learned Counsel appearing for Respondent No.4, West Bengal Pollution Control Board, also states that considering the relief claimed in the present Original Application, he does not want to file any counter-affidavit at this stage.
7. Since the Standard Operating Procedure (SOP) for 'Utilization of Spent Sulphuric Acid (SSA) [generated from Linear Alkyl Benzene Sulphonic Acid (LABSA)] in manufacturing of Single Super Phosphate for use as Fertilizer' has already been issued by the Central Pollution Control Board in June, 2024, the relief claimed by the Applicant in the present case has been satisfied and the Original Application has become infructuous and is accordingly disposed of as having become infructuous.
8. There shall be no order as to costs.
(I.A. No.43/2024/EZ):-
1. This I.A. filed by the Respondent No.5, Fertilizer Association of India, has become infructuous, since the affidavit of the Respondent No.5 is already taken on record.
2. The I.A. No.43/2024/EZ is according dismissed as having become infructuous.
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(I.A. No.46/2024/EZ):-
1. This I.A. has been filed by the Applicant, All India Federation of Soaps, Detergents & Homecare Products Manufacturers, seeking impleadment in the present proceedings.
2. The case of the Applicant in the present I.A. is that against the Standard Operating Procedure (SOP), it has made a representation before the Central Pollution Control Board and the date of hearing before the Central Pollution Control Board has been fixed on 18.07.2024 with regard to the implementation of the Standard Operating Procedure.
3. The contention of the Applicant is that any order which may be passed in the present Original Application may prejudice the Applicant's Association while the matter is fixed for consideration on 18.07.2024 and is still pending before the Central Pollution Control Board.
4. In the present Original Application the only relief sought by the Applicant is for a direction to the Central Pollution Control Board to issue final Standard Operating Procedure for Utilization of Spent Sulphuric Acid generated from LABSA process in manufacturing of Single Super Phosphate. The said Standard Operating Procedure has been issued by the Central Pollution Control Board in June, 2024, which is on record filed through the affidavit of the Central Pollution Control Board dated 15.07.2024, and the validity or the content of the said Standard Operating Procedure is not under consideration before us in the present Original Application. 4
5. In view of the above, we are of the view that the I.A. No.46/2024/EZ is thoroughly misconceived and the same is accordingly dismissed.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 16, 2024, Original Application No.117/2024/EZ (I.A. No.43/2024/EZ & I.A. No.46/2024/EZ) AK 5