Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment – Issue as to allocation of quantities of raw pet- coke (RPC) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Environment – Issue as to allocation of quantities of raw petcoke(RPC) – Increased allocation to the appellant – Challengedby respondent, writ petition dismissed by Single Judge of High Court– Division Bench set aside the minutes of the meeting as well as thedecision of the Central Government allocating pet-coke – Appellantinter alia contended that there was a change of criteria adopted inthe Public Notice dtd.17.04.2020 issued by the GOI and contraryto the earlier requirement of certification of production capacity bythe Unit, the said Public Notice required certification by the StatePollution Control Board – In this case, the Andhra Pradesh PollutionControl Board (APPCB) certified appellant’s production capacityas on 09.10.2018 to be 3,30,000 MT and as per the appellant thatfigure was correctly considered while making allocation of RPC inits favour and thus, the impugned judgment was in error and thejudgment of the Single Judge was correct – Held: Division Benchcorrectly noted that the annual total limit of import of 1.4 MillionMetric Tonnes was based on the total production capacity as on09.10.2018 which had been fixed by Supreme court on the basis ofthe capacity disclosed by all the calciners – Barring the fact that aclarification was issued by the APPCB on 04.05.2020, there wasno change in circumstance – The material document to beconsidered was the Consent to Operate (CTO), which for the relevantperiod (i.e. as on 09.10.2018) was 2,00,000 MT per annum for theappellant – Even according to it, the claim for enhancement wasmade later, and the CTO for the increased capacity was issued onlyon 26.12.2019 – Thus, the clarification of APPCB, that as on aparticular date, the production capacity was 3,30,000 MTPA wasof no consequence, because it was the CTO that was considered allalong, in all previous meetings – Therefore, the findings andconclusions of the Division Bench cannot be faulted. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 586 |
Petitioner | M/s. Sanvira Industries |
Respondent | Rain Cii Carbon (vizag) Ltd. & Ors. |
SCR | [2023] 10 S.C.R. 133 |
Judgement Date | 2023-07-03 |
Case Number | 3834-3838 |
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