Disposed

Z Estates Private Limited v. State Environment Impact Assessment Authority Odisha

NGT3 Mar 2025Appeal No. 2/2025

Case brief

AI extract

What is this about?

This case involves an appeal filed by Z-Estates Private Limited challenging a show cause notice issued by the State Environment Impact Assessment Authority, Odisha. An appellate bench of the National Green Tribunal dismissed the appeal as not maintainable, holding that a show cause notice is merely a process proceeding and not a final order attracting appellate jurisdiction. The appeal was dispose

What did the court decide?

The appeal filed by the Appellants against the Show Cause Notice dated 18.02.2025 was dismissed as not maintainable. There shall be no order as to costs.

Z Estates Private Limited vs State Environment Impact… — Environment and Pollution | NGT (2025)

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Item No.01

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Appeal No.02/2025/EZ

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IN THE MATTER OF :

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1. Z-Estates Private Limited, Represented by the Managing Director of the Company, Registered Office at M4/34, Acharya Vihar, Bhubaneswar – 751013,

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2. Tapan Kumar Mohanty, S/o Late Bansidhar Sahoo, Working at Z-Estates Private Limited, Registered Office at M4/34, Acharya Vihar, Bhubaneswar – 751013,

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...Appellant(s)

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Versus

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1. State Environment Impact Assessment Authority Odisha, Service through the Member Secretary, Office at 5RF-2/1, Unit-IX, Bhubaneswar, Pin – 751022,

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2. Odisha State Pollution Control Board, Through the Member Secretary, Office at Nilakantha Nagar, Unit-VIII, Bhubaneswar – 751012,

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3. Z1 Residents’ Welfare Association, Service through the General Secretary, Office at Bidhubhusan Nayak, Tower 1, Flat No1304, Z1 Estate, Nandankanan Road, Kalarhanga, Patia, Bhubaneswar, Odisha, Pin – 751024,

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...Respondent(s)

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Date of hearing: 03.03.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Appellant(s) : Mr. Soorjya Ganguli, Advocate (in Virtual Mode) a/w Ms. Devanshi Prasad, Advocate

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ORDER

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We have heard Mr. Soorjya Ganguli assisted by Ms. Devanshi

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Prasad, learned Counsel appearing for the Appellants.

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The present Appeal has been filed by the Appellants assailing the order dated 18.02.2025 issued by the State Environment Impact Assessment Authority (SEIAA), Odisha, giving certain directions to the Appellants. The directions given to the appellants in the impugned order read as under:-

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“...........x...............x.................x...................x....................x...................

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NOW THEREFORE, in view of the above evidence and in exercise of the powers vested with SEIAA, Odisha under section-5 of the Environment (Protection) Act, 1986 & amended therein, the Project Proponent Sri Tapan Kumar Mohanty, MD M/s. Z-Estates Pvt. Ltd., Bhubaneswar is directed as follows:

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1. To comply to the requirement of installation of the DG stack height as recommended by SPCB (i.e. 48.89 metres for Phase I and II of the construction).

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2. That building & construction work for the Phase-III project shall remain suspended from date issue of this letter until further order of Authority.

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3. To submit the Certificate Compliance Report to the condition on point no.(i) above from the Competent Authority in reply to the above direction in point no.(i) and (ii) in writing to the office of the Member Secretary, SEIAa, Odisha within 15 days from the date of receipt of this Show Cause Notice as to why the EC letter no.7991/SEIAA dated 17.03.2020 issued for expansion of housing colony and convenient shopping (Phase-III) shall not be revoke due to violation of earlier EC conditions in respect of noncompliance of EC conditions with respect to inadequate DG sets stack heights of DG sets of all phases.

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In the event of failure to comply with the above directions within the stipulated time frame, action as deemed appropriate as per law shall be initiated against the Project Proponent in accordance with the provisions of law.”

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Prima facie , the present Appeal is not maintainable before the National Green Tribunal against the Show Cause Notice dated 18.02.2025, since it is still not an order but a process proceeding to

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an order. The remedy for appeal against an order is provided in Section 16 of the National Green Tribunal Act, 2010. Section 16 of the National Green Tribunal Act, 2010, reads as under:-

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“ 16. Tribunal to have appellate jurisdiction .—Any person aggrieved by,—

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(a) an order or decision, made, on or after the commencement of the National Green Tribunal Act, 2010, by the appellate authority under section 28 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

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(b) an order passed, on or after the commencement of the National Green Tribunal Act, 2010, by the State Government under section 29 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

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(c) directions issued, on or after the commencement of the National Green Tribunal Act, 2010, by a Board, under section 33A of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (d) an order or decision made, on or after the commencement of the National Green Tribunal Act, 2010, by the appellate authority under section 13 of the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977);

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(e) an order or decision made, on or after the commencement of the National Green Tribunal Act, 2010, by the State Government or other authority under section 2 of the Forest (Conservation) Act, 1980 (69 of 1980);

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(f) an order or decision, made, on or after the commencement of the National Green Tribunal Act, 2010, by the Appellate Authority under section 31 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981);

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(g) any direction issued, on or after the commencement of the National Green Tribunal Act, 2010, under section 5 of the Environment (Protection) Act, 1986 (29 of 1986); ( h) an order made, on or after the commencement of the National Green Tribunal Act, 2010, granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 (29 of 1986);

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(i) an order made, on or after the commencement of the National Green Tribunal Act, 2010, refusing to grant environmental clearance

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for carrying out any activity or operation or process under the Environment (Protection) Act, 1986 (29 of 1986);

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(j) any determination of benefit sharing or order made, on or after the commencement of the National Green Tribunal Act, 2010, by the National Biodiversity Authority or a State Biodiversity Board under the provisions of the Biological Diversity Act, 2002 (18 of 2003),

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may, within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the Tribunal:

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Provided that the Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed under this section within a further period not exceeding sixty days.”

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From perusal of the provisions of Section 16 of the Act, 2010, it will be clear that no appeal lies to the National Green Tribunal against a show cause notice.

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The Appellants have not filed their reply to the said show cause notice dated 18.02.2025, as stated by Mr. Soorjya Ganguli, Counsel for the Appellants.

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Be that as it may, the present Appeal against the impugned Show Cause Notice dated 18.02.2025 is not maintainable. This Appeal is, therefore, dismissed as not maintainable.

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I.As., if any, stand disposed of accordingly.

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There shall be no order as to costs.

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM

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March 03, 2025, Appeal No.02/2025/EZ AK

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Z Estates Private Limited v. State Environment Impact Assessment Authority Odisha

Case brief

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Z Estates Private Limited v. State Environment Impact Assessment Authority Odisha

Case brief

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