GAJUBHA JADEJA JESAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of Civil Appeal No. 3116 of 2020 arising out of an application filed by the appellant (For short, the Applicant) before the National Green Tribunal (For short, the Tribunal) and Civil Appeal No. 3576 of 2020 filed by the Project Proponent, both arising out of the same order passed by the Tribunal on 12/2/2020.

(2.) The Project Proponent applied for Consent to Establish (CTE) Cold Rolled Coils of stainless steel on 20/1/2018, the permission of which was granted by Gujarat State Pollution Control Board. After the unit was erected, Project Proponent was granted permission to operate the unit on 6/2/2020. It is noted that the Project Proponent has invested Rs.1100.00 crores for the development of infrastructure and had a turnover of approximately Rs.743.00 crores and paid Rs.286.17 crores as Goods and Services Tax till the Financial Year 2020-21. The applicant also earned US Dollars 15.52 million foreign exchange for the country.

(3.) An application was filed before the Tribunal on 20/7/2019 on the ground that the Project Proponent has set up the unit in violation of Environment Impact Assessment (EIA) notification dtd. 14/9/2006, as such plant would fall within category 3(a) i.e., secondary metallurgical industry for which a prior environmental clearance is required. The relevant extract from the EIA notification reads thus: