Environment – Environmental Clearance – The appellants herein are the industries, and running the manufacturing units of Formaldehyde, its different resins – The NGT directed closure of the appellants-units – The NGT held that formaldehyde manufacturing units cannot be allowed to operate without prior Environmental Clearance (EC) – Correctness: Held: The case in hand is not a one where the appellants established the units of formaldehyde and started operation due to lack of bona fide ignoring any requirement of law – On the contrary it is a case where the Pollution Control Board (PCB) were not aware that prior EC to establish and operate such units is required in terms of Environment Impact Assessment notification dated 14.09.2006 (EIA 2006 notification) – Accordingly, in terms of the notices issued by the PCBs, the appellants-units have applied for grant of EC which remains pending – In view of this Court, the judgment of Pahwa Plastics squarely applies to the facts of this case – Accordingly, the direction of closure of the appellant-units by the impugned orders of NGT stands set aside – The parties are directed to apply the ratio of the judgment of Pahwa Plastics mutatis mutandis – Therefore, it is directed that, (i) the appellant-units, having been established and operated pursuant to the Consent to Establish (CTE) and Consent to Operate (CTO) granted by the PCB for the respective State, be allowed to function and operate; (ii) The respondent is directed to take a decision on the applications of the appellant-units for EC in accordance with law; (iii) Electricity for the appellant-units, if disconnected, shall be restored subject to payment of charges, if any. [Paras 26, 27]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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