Allowed

Ms Shudh Garhwal Paneer Nirmata Sangh v. Delhi Pollution Control Committee

NGT8 Aug 2024IA No. 363/2024 in Appeal No. 25/2024

Case brief

AI extract

What is this about?

Appellant sought restoration of electricity connectivity for packaging and trading operations under a fresh CTE/CTO after unit closure. The Tribunal allowed the interim application directing the authority to restore power pending inspection for compliance with fresh conditions.

What did the court decide?

Restoration of electricity connection for ground, 1st and 2nd floors of the premises at 27, Rani Jhansi Road, New Delhi.

Ms Shudh Garhwal Paneer Nirmata Sangh vs Delhi Pollution… — Writ and Judicial Review | NGT (2024)

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Item No. 11

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Appeal No. 25/2024 (IA No. 363/2024, IA No. 280/2024)

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MS Shudh Garhwal Paneer Nirmata Sangh

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Appellant

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Versus

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Delhi Pollution Control Committee & Anr.

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Respondent(s)

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Date of hearing: 08.08.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Appellant: Mr. Rahul Khurana & Mr. Hasil Jain, Advs.

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Respondent: Mr. Kush Sharma, Mr. Nishchaya Nigam, Ms. Vagmi Singh, Advs. with Mr. Dinesh Jindal (Legal Officer), DPCC Ms. Kamakshi S. Rao, Adv. for R - 2

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ORDER

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Learned Counsel appearing for Delhi Pollution Control Committee (DPCC) seeks time to produce the original record of the proceedings leading to passing of the order impugned in this Appeal.

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The Tribunal on the previous dated had directed the respondents to produce the same today.

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Counsel for the Appellant in the meanwhile has pressed IA No. 363/2024 which is an application with the prayer for restoration of electricity connection on Ground, 1^st and 2^nd Floor of the premises at 27 Rani Jhansi Road, New Delhi.

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By the order impugned dated 21.05.2024, DPCC has directed closure of the Appellant’s unit, revocation of consent to operate, disconnection of electricity and water supply.

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Learned Counsel for the Appellant has pointed out that earlier the consent order on page 100 was for milk processing and dairy products (integrated project), including pasteurization with boiler and the manufacturing. Activity was manufacturing and trading of milk and milk products. This consent order has been revoked. He has also pointed out that subsequently the Appellant had applied for CTE/CTO for limited purpose of packaging and trading in the Ground, 1^st and 2^nd floor of the premises and the fresh consent Annexure A-1 has been granted by the DPCC on 26.07.2024. He has also pointed that the work of the Appellant falls under the “White” category.

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Counsel for the Appellant has referred to the paragraph 12 of IA No. 363/2024 and has submitted that the undertaking has already been given that he will not take up the activity of manufacturing without the order of the Tribunal or instructions of DPCC. Paragraph 12 of the IA reads as under:

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“xxx ……………………………..xxx…………………………………….xxx

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12. That manufacturing of Panner, Khoya and heating & cooling process used to be done at 3rd and 4th Floor are already lying closed after disconnection of electricity and it is undertaken that same shall be done strictly as per order passed by this Hon’ble Tribunal in present appeal and instructions passed by the Delhi Pollution Control Committee.”

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In paragraph 13 of the IA, it has been disclosed that the environmental compensation of Rs. 6 lakhs has been deposited by the Appellant under protest with the DPCC.

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In the aforesaid background, the Appellant has prayed to permit operation of the unit for packaging work in terms of the freshly issued CTE/CTO and restoration of electricity connection for that purpose.

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Learned Counsel for DPCC, in the circumstances mentioned above, has not opposed the prayer and has submitted that the DPCC will carry out the inspection within two weeks of reconnection of electricity and starting of packaging work by the unit to ascertain if the Appellant is carrying out the work strictly in terms of the fresh CTE/CTO.

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Having regard to the above, IA No. 363/2024 is disposed of by directing the Respondent No. 2 to restore the electricity connection of Ground floor, 1^st floor and 2^nd floor of the premises at 27, Rani Jhansi Road, New Delhi by following the due process of law.

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It is directed that the Appellant will carry out the packaging/trading work in the unit strictly in terms of the submissions which have been made above and as per fresh CTE/CTO and will inform the DPCC about restoration of electricity connection the day it is restored and DPCC will inspect the premises within two weeks thereof to ascertain if the conditions are complied with.

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List on 20.11.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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August 08, 2024 Appeal No. 25/2024 (IA No. 363/2024, IA No. 280/2024) DV

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Ms Shudh Garhwal Paneer Nirmata Sangh v. Delhi Pollution Control Committee

Case brief

What is this about?

What did the court decide?

Ms Shudh Garhwal Paneer Nirmata Sangh v. Delhi Pollution Control Committee

Case brief

What is this about?

What did the court decide?

What the court decided

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