Vapi Industries Association v. Aryavart Foundation
2019-02-22
A.K.SIKRI, S.ABDUL NAZEER
body2019
DigiLaw.ai
ORDER 1. Permission to file appeal is granted. 2. The National Green Tribunal (NGT) has vide impugned order inter alia passed the following directions: (ii) Having regard to entirety of factual situation I n the present case, we direct that except the green and white categories of industries, other category of defaulting industries connected to the CETP must make deposit with the CPCB, towards interim compensation within one month as follows: a) Large Industries - Rs.1 Crore each. b) Medium Industries - Rs.50 Lakhs each. c) Small Industries - Rs.25 Lakhs each. (ii.a) The CETP may deposit a sum of RS.10 Crores with the CPCB towards interim compensation within one month.- 3. The NGT has also constituted a Committee to assess the extent of damage and cost of restoration of the environment and individual accountability of CETP and polluting industrial units. The said Committee has to take the aforesaid task. On that basis it is the submission of Mr. Ranjit Kumar, learned senior counsel appearing on behalf of the appellant, that till the time it is established that an industry is a polluting industry, there could not have been any direction to pay the interim compensation. It is also submitted that the appellant was not even a party and, therefore, could not make any submission. This fact is disputed by Mr. Raj Panjwani, learned senior counsel appearing on behalf of the respondents, stating that respondent no. 7 manages the CETP of which all these industrial units are the members. Mr. Ranjit Kumar, submitted that all the industrial units are not members. 4. Be that as it may, since the Committee constituted by NGT has to undertake the exercise of fixing the responsibility of individual polluting industrial unit, we make it clear that the aforesaid direction of interim compensation is subject to the final outcome of the report that would be submitted by the Committee. To put it otherwise, in case, it is held that a particular industrial unit has not caused any pollution it would be entitled to claim the refund of the interim compensation. At this stage, Mr. Ranjit Kumar submits that many small industrial units are not in a position to pay Rs.25 lakhs by way of interim compensation because of the financial crisis which they are facing.
At this stage, Mr. Ranjit Kumar submits that many small industrial units are not in a position to pay Rs.25 lakhs by way of interim compensation because of the financial crisis which they are facing. He has also pointed out that in respect of these units, they had submitted bank guarantee which stood forfeited as well. Such industrial units may approach the NGT with the facts and figures by making an appropriate application for the waiver of the direction for payment of interim compensation. Once such an application is made the same shall be considered by the NGT on its own merits. We make it clear that this Court has not expressed any opinion on such application. 5. Since permission is given to the industries to approach the NGT, the direction in respect of interim compensation contained in the impugned order is stayed for a period of two weeks. The appeal is disposed of accordingly.