Appeal against environmental clearance for a hazardous waste facility. Court closed the appeal upon representation that the project proponent abandoned the project due to lack of financial viability.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.15:-
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI
Monday, the 19th day of August 2024.
(Through Video Conference)
Appeal No.49 of 2021 (SZ)
IN THE MATTER OF:
RAJESH GHANTAYATH
Aged about 31 years S/o. K.Ch. Ghantayath Residing at 02, 2nd Floor, A31, Anugraha Layout, Hoodi- Kodigehalli Main Road, Krishnarajapura, Bengaluru – 560048.
…Applicant(s) Versus
1) UNION OF INDIA
Through its Secretary,
Ministry of Environment, Forest and Climate Change (MoEF&CC) India Paryavaran Bhawan, Jor Bagh Road, New Delhi – 110 003.
2) STATE OF KARNATAKA
Through its Chief Secretary, Vidhanasoudha Bangalore-560 001.
3) CENTRAL POLLUTION CONTROL BOARD,
Through its Chairman, Parivesh Bhawan, East Arjun Nagar, New Delhi – 110 032.
4) Karnataka State Pollution Control Board (KSPCB)
Through the Member Secretary Parisara Bhawan, 1st to 5th Floor, No.49, Church Street, Bangalore- 560 001.
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5) Karnataka Industrial Area Development Board
Through its Chief Executive Officer, KIADB 4th & 5th Floor, East Wing, Khanija Bhavan, Race Course Road, Bengaluru, Karnataka- 560 001.
6) M/s. Mother Earth Environ Tech Private Limited,
Through its Authorised Signatory 2542, 28th Cross, 17th Main Road, Banashankari 2nd Stage, Bangalore – 560070.
...Respondent(s)
For Applicant(s): M/s. G. Stanley Hebzon Singh, K. Mageshwaran, Nidhi Singhvi.
For Respondent(s): Mr. Meyyappan represented Mrs. ME. Sarashwathy for R1. Mr. Rajat Jonathan Shaw represented Mr. K.M. Darpan for R2. Mr. R. Thirunavukarasu for R3. Ms. Hima Rithika represented Mr. M.R. Gokul Krishnan for R4. Mr. K. Jeeva represented M/s. B. Dhanaraj, Deepa Mariappan for R5. Mr. K.S. Viswanathan, Senior Advocate a/w. Ms. Deepika for R6.
CORAM :
HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
1. This appeal is directed against the issuance of the Environmental Clearance dated 09.11.2020 by the MoEF&CC in favour of the 6th Respondent viz., M/s. Mother Earth Environ Tech Private Limited for setting up of integrated treatment, storage and disposal facility of hazardous waste with incineration, etc.
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2. When the matter came up for hearing today, it was represented by the learned Senior Advocate, Mr. K.S. Viswanathan, appearing for the Project Proponent/6th Respondent that the unit has abandoned the project, as it is not financially viable for them. The above statement is recorded.
3. The learned Senior Advocate, Mr. K.S. Viswanathan, is directed to file a memo through the learned counsel on record in this regard.
4. In view of the above, the Appeal No.49 of 2021 (SZ) is closed.
Sd/Smt. Justice Pushpa Sathyanarayana, JM Sd/Dr. Satyagopal Korlapati, EM
Appeal No.49/2021(SZ) 19th August, 2024. AD.
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Rajesh Ghantayath
Union of India
State of Karnataka
Central Pollution Control Board
Karnataka State Pollution Control Board
Karnataka Industrial Area Development Board
Pushpa Sathyanarayana
Satyagopal Korlapati
As recorded by the court registry
An appeal before a tribunal against an order of a statutory authority.
Judgements on the same questions, provisions and authorities, from every court
