Dismissed

Ajay Dabariya v. the State of Rajasthan through Chief Secretary

NGT15 Apr 2026Original Application No. 95/2025

Case brief

AI extract

What is this about?

The National Green Tribunal dismissed an application challenging a manufacturing unit's use of specific chemical pigments. The Tribunal held the matter was pending before the High Court and did not fall within the jurisdictional schedule of the NGT Act.

What did the court decide?

Original Application No.95/2025(CZ) dismissed on the grounds of non-maintainability and lack of jurisdiction.

Ajay Dabariya vs the State of Rajasthan… — Constitutional and Fundamental Rights | NGT (2026)

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Item No.07

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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Original Application No.95/2025(CZ)

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Ajay Dabariya & Anr. Applicant(s)

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Vs.

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State of Rajasthan Through Chief Secretary Respondent(s)

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Date of Hearing: 15.04.2026

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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For Applicant(s): Ms. Seema Roj, Adv. with Mr. Kamlesh Roj, Adv. For Respondent(s) : Mr. Shoeb H. Khan, Adv. for State of Rajasthan Mr. Om Shankar Shrivastava, Adv. For CDSCO Mr. Ayush Choubey, Adv. with Mr. Shikhar Jat, Adv. & Mr. R.K. Gurjar, Adv. for R-2 Mr. Rohit Sharma, Adv. for R-3 & 4 Mr. Lokendra Singh Kachhawa, Adv. for R-12 & 13

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ORDER

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The matter of Henna Manufacturing Unit and its production in violation of the standard rules using chemical pigments like - Sodium Picramate, has been challenged in this application and in light of the above facts, notices were issued to the Respondents.

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Heard the learned Counsel for the parties and perused the records.

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Learned Counsel for the Respondent No.12 has submitted that the Respondent is engaged in business of manufacturing of cosmetic products including mehandi/ hair color etc. The Food Safety and Drug Control Commissionerate, Government of Rajasthan vide letter dated 31.08.2023 has issued license in favor of the Respondent vide letter

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O.A. No.95/2025(CZ) Ajay Dabariya & Anr. Vs. State of Rajasthan Through Chief Secretary

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dated 31.08.2023 for manufacturing of ten products. It is stated that the Drug Controller, Jaipur, vide letter dated 12.04.2024 has withdrawn 04 license stating as 'Upon perusal of record, it has come to the notice that above mentioned Cosmetic product permissions are having ingredient 2-amino4, 6-dinitrophenol (Picramic Acid) which is not allowed in Mehandi Cone as per newly issued BIS: IS-17318:2020.

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It is further argued that against the Drug Controller letter dated 12.04.2024; the Respondent filed an appeal before the Appellate Authority & Joint Secretary, Medical & health Department, Jaipur. The said appeal was dismissed by the Appellate Authority vide order dated 24.05.2024. The Respondent has filed a SBCW No. 10159/2024 titled as M/s Sankhla Mehandi Udhyog before the Hon'ble Rajasthan High Court at Jaipur against the order dated 12.04.2024 passed by the Licensing Authority & Drug Controller, Jaipur, Rajasthan. Since the Hon'ble High Court of Rajasthan is already seized of the issue as alleged in the present Original Application regarding use of chemical in manufacturing of Mehandi fast color cones and other products. Therefore, it would not be appropriate to proceed. Hon'ble Supreme Court in the case " State of Andhra Pradesh Vs Raghu Tamakrishna Raju Kanumuru (M.P) (2022) 8 SCC 156" has settled the position that:-

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"12. We are, therefore, of the considered view that it was not appropriate on the part of the learned NGT to have continued with the proceedings before it, specifically, when it was pointed that the High Court was also in seisin of the matter and had passed an interim order permitting the construction. The conflicting orders passed by the learned NGT and the High Court would lead to an anomalous situation, where the authorities would be faced with a difficulty as to which order they are required to follow. There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals."

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O.A. No.95/2025(CZ) Ajay Dabariya & Anr. Vs. State of Rajasthan Through Chief Secretary

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It is further submitted that the Applicant has specifically targeted the Respondent amongst hundreds of units with a clear intention of making undue benefits. It is pertinent to mention here that the Respondent is having valid Consent to Operate as follows:-

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A) Unit 1: H-115 & G 116 (A), 3rd Phase, RIICO Industrial Area, Tehsil SOjat City, District Pali, Rajasthan: The unit is having valid Consent to Operate from Rajasthan State Pollution Control Board (RSPCB) vide letter dated 30.08.2017 and having validity upto 31.01.2027.

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B) Unit 2: Khasra No. 72, Hinkuri Road, Basani, Tilwadiya, Sojat City, Rajasthan: In this premises the Consent to Operate has been issued vide letter dated 29.11.2024 having validity upto 31.08.2024 in favor of M/s Wisecape Manufacturing Pvt. Ltd. Further, Consent to Operate has been issued from RSPCB vide letter dated 04.09.2025 and having validity upto 31.05.2035 in favor of M/s Best Herbs and Cosmetic Care. The photo copy of the Consent to Operate letters dated 29.11.2024 and 04.09.2025 are annexed herewith.

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C) Unit 3: Village Sardarpura, Beawar Road, Tehsil Sojat City, Rajasthan- The premises is used as a warehouse to store rose water, beetroot powder and other herbal products, no industrial activity is being carried out at this premises, therefore, consent is not required under the Water Act, 1974 or Air Act, 1981.

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A similar petitioner/application touching the same issue has been raised in the O.A. No.155/2025(CZ) and vide order dated 20.11.2025 this Tribunal has observed and disposed of the application as follows:-

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“6. We further find from perusal of the entire petition that there is no allegation against the industry i.e. respondent no. 13 that it has caused any pollution impacting environment adversely rather the relief which is being sought against it is that the Heena Manufacture Units are violating Indian Standards of Heena paste cone, and hence be prohibited from making adulterated Heena. We do not find this petition maintainable on account of this Tribunal not having jurisdiction because as per Schedule-I the NGT Act only following acts

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O.A. No.95/2025(CZ) Ajay Dabariya & Anr. Vs. State of Rajasthan Through Chief Secretary

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are covered therein, where under any grievance caused to the applicant may be addressed by this Tribunal :-

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i. "The Water (Prevention and Control of Pollution) Act, 1974;

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ii. The Water (Prevention and Control of Pollution) Cess Act, 1977;

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iii. The Forest (Conservation) Act, 1980;

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iv. The Air (Prevention and Control of Pollution) Act, 1981;

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v. The Environment (Protection) Act, 1986;

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vi. The Public Liability Insurance Act, 1991;

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vii. The Biological Diversity Act, 2002."

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7. Consequently, we dismiss Original Application No. 155/2025 at the admission stage itself.”

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In view of the above facts, since the matter is pending before the Hon’ble High Court and not within the schedule of the National Green Tribunal Act, 2010, thus, the Original Application No.95/2025(CZ) is not maintainable and accordingly dismissed.

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Sheo Kumar Singh, JM

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Sudhir Kumar Chaturvedi, EM

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15^th April, 2026, Original Application No.95/2025(CZ) ID

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O.A. No.95/2025(CZ) Ajay Dabariya & Anr. Vs. State of Rajasthan Through Chief Secretary

Ajay Dabariya v. the State of Rajasthan through Chief Secretary

Case brief

What is this about?

What did the court decide?

Ajay Dabariya v. the State of Rajasthan through Chief Secretary

Case brief

What is this about?

What did the court decide?

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