Disposed¶26

M/S Gm Iron and Steel Company Ltd., Mayurbhanj v. State of Odisha

Orissa HC19 Sept 2024WP(C)/9337/2024

Case brief

AI extract

What is this about?

Keywords: environmental compensation; Annexure-6; Rupees 74,20,000; interim environmental compensation Rs. 20,000 per day; relaxation; State Pollution Control Board Odisha; NGT Eastern Zone Bench Kolkata; Consent to Operate dated 21.03.2020; Forest (Conservation) Act, 1980; certiorari; mandamus; GM Iron & Steel Company Limited; W.P.(C) No. 9337 of 2024; disposed; compliance report dated 29.08.2024; order dated 11.07.2024; no refund ordered.

What did the court decide?

Writ petition disposed of with a direction to the Petitioner to apply to the State Pollution Control Board, which shall consider the application and may grant relaxation on the interim environmental compensation if it deems appropriate; the prayer for setting aside/refund of the Rs. 74,20,000/- compensation was not granted. ¶26

M/S Gm Iron and Steel Company Ltd., Mayurbhanj Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the environmental compensation of Rupees 74,20,000/- levied under Annexure-6 by Opposite Party No.2 ought to be set aside, with refund and reconsideration of the formula.

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Court's answer

In view of the compliance by the Petitioner, the Court did not deem it proper to keep the matter pending for long.

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Ratio / Principle

The Petitioner was directed to approach the State Pollution Control Board by way of an application; the Board shall consider the application and grant some relaxation on the interim environmental compensation already paid, if it deems appropriate.

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Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No. 9337 of 2024, decided 19.09.2024, High Court of Orissa, Dr. S.K. Panigrahi, J.) filed by M/s. GM Iron & Steel Company Limited challenging levy of environmental compensation of Rs. 74,20,000/- under Annexure-6 by Opposite Party No.2, seeking certiorari and mandamus for refund and reconsideration of the formula. Background: proceedings before the NGT Eastern Zone Bench, Kolkata on allegations of violation of the Consent to Operate dated 21.03.2020, groundwater conditions and the Forest (Conservation) Act, 1980, pursuant to which a technical committee inspected the industry and directed curing of defects. Counsel for the State Pollution Control Board filed a letter dated 29.08.2024 with an inspection report recording compliance with this Court's order dated 11.07.2024, including completion of RCC concreting of the connecting road (factory main gate to Banaharpal-NH), about 650-meter x 5.0-meter width. The Petitioner, who had been paying Rs. 20,000/- per day as interim environmental compensation for about one and a half years, sought relaxation. Holding: in view of the compliance, the Court disposed of the writ petition, directing the Petitioner to approach the State Pollution Control Board by way of an application; the Board shall consider the application and grant some relaxation on the interim environmental compensation if it deems appropriate. No refund or quashing of the Annexure-6 levy was ordered.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 9337 of 2024

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M/s. GM Iron & Steel Company Limited ..…... Petitioner(s) Mr. Manoj Kumar Panda, Adv.

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-Versus-

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State of Odisha & Anr.

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………. Opposite Parties Mr. Debasish Mohapatra, ASC

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

19.09.2024

Order No.

This matter is taken up through a hybrid arrangement.

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Heard.

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The present Writ Petition has been filed by the Petitioner with the following prayer:

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“Therefore, the petitioner prays that your lordships' may graciously be pleased to consider the facts stated in the petition, allow the same and issue RULE NISI in the nature of writ of CERTIORARI to the Opp. Parties particularly Opp. Party No.2 to show cause as to why the environmental compensation under Annexure-6 for levy of environmental compensation of Rupees 74,20,000/- shall not be set aside and if the Opp. Party No.2 fail to show cause or show insufficient cause direct for refund of Rupees 74,20,000/-; And by issuing a writ of MANDAMUS in directing the Opp. Party No.2 to reconsider the formula and refund the balance amount.”

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Learned counsel for the Petitioner submits that the Petitioner Signature Not Verified

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is a Private Company. The Petitioner/ Company is dealing with

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Digitally Signed is a Private Company. The Petitioner/ Company is dealing with Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cthe uttac pr koduction of iron and steel and is carrying its business in Date: 23-Sep-2024 19:39:46

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the State of Odisha. He further submits that some of the social workers had approached the learned NGT Eastern Zone Bench, Kolkata alleging that the Petitioner’s Industry had violated the terms and conditions as mentioned in the Consent to Operate dated 21.03.2020 and also violated the groundwater conditions and Forest (Conservation) Act, 1980. The learned NGT, Eastern Zone Bench, Kolkata immediately constituted a committee comprising different technical members. The said committee inspected the Petitioner’s Industry and directed the Petitioner/Industry to cure the defects as required under the law.

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Learned counsel for the State Pollution Control Board files the letter dated 29.08.2024 along with the inspection report. As per the said inspection report, the Petitioner’s Industry has complied with the order dated 11.07.2024 passed by this Court. In the said report, it has been observed that during the visit of the Officers of the State Pollution Control Board, it was found that the Industry has completed the concreting (RCC) of the connecting road (factory main gate to Banaharpal-NH) length of about 650-meter x 5.0-meter width. It was learnt that, good Signature Not Verifiedquality materials have been used for construction of the said Digitally Signed Signed by: LITARAM MURMUReason: Authentication road. Location: High Court of Orissa C uttac k Date: 23-Sep-2024 19:39:46

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At this juncture, learned counsel for the Petitioner further submits that since the Petitioner has been paying Rs.20,000/- per day for the last one and half years as interim environmental compensation, he seeks some relaxation in the said compensation.

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In view of such compliance by the Petitioner, this Court does not deem it proper to unnecessarily keep this matter pending for long time. Accordingly, the Petitioner is directed to approach the State Pollution Control Board by way of an application. In such event, the State Pollution Control Board shall consider the application to be filed by the Petitioner and grant some relaxation on the interim environmental compensation as paid by the Petitioner, if it deems appropriate.

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Accordingly, this Writ Petition is disposed of.

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( Dr. S.K. Panigrahi)

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Judge

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Murmu

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa C uttac k Date: 23-Sep-2024 19:39:46

M/S Gm Iron and Steel Company Ltd., Mayurbhanj v. State of Odisha

Case brief

What is this about?

What did the court decide?

M/S Gm Iron and Steel Company Ltd., Mayurbhanj v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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