Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Green Tribunal Act 2010 – s. 21 – Jurisdiction of Tribunal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | National Green Tribunal Act, 2010 – s. 21 – Jurisdiction of Tribunal under – Permission granted by State Pollution Control Board to Project Proponent, who had applied for consent to establish Cold Rolled Coils of stainless steel – It was alleged that the project proponent had set up the unit in violation of Environment Impact Assessment (EIA) notification dated 14.09.2006 and prior environmental clearance was required – Application filed before the Tribunal – On basis of the recommendation of the Expert Appraisal Committee (EAC), Tribunal granted a period of at least one year to operate for the purpose – Applicant challenged the time granted by the Tribunal on the ground that the Tribunal has no jurisdiction to grant period for obtaining Environmental Clearance – The Project Proponent, aggrieved against the order passed by the Tribunal, challenged the findings recorded that Environmental Clearance is required – During pendency of the appeals before the Supreme Court, the Project Proponent was served with the closure notice by the State Pollution Control Board – Held: No error in the order passed by the Tribunal – The order of the Tribunal is based upon recommendation of the EAC which suggested that one year time should be granted to the industry to comply with the EIA notification dated 14.9.2006 – In the instant case, in view of the amendment in the EIA notification dated 20.7.2022, the unit has time to seek Environmental Clearance in terms of the time line mentioned in the notification – Therefore, the order of closure of the unit cannot be sustained. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 812 |
Petitioner | Gajubha Jadeja Jesar |
Respondent | Union Of India & Ors. |
SCR | [2022] 17 S.C.R. 282 |
Judgement Date | 2022-08-10 |
Case Number | 3116 |
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