MONNET ISPAT AND ENERGY LIMITED Vs. JAN CHETNA

JUDGEMENT

(1.) Whether the Division Bench of the Delhi High Court could have entertained and allowed the petition filed by respondent No.1 as Public Interest Litigation for setting aside order dated 31.12.2008 passed by National Environment Appellate Authority (for short, 'NEAA') and remanded the case to the competent quasi judicial forum for being decided on merits.

(2.) The appellant is a company incorporated under the Companies Act, 1956. Its registered office is at Raipur (Chhattisgarh). On 27.6.2007, the appellant submitted an application to Chhattisgarh Environment and Conservation Board (respondent No.3) for sanctioning the proposed expansion of its existing plant at Naharpali, Kharsia, Raigarh. Respondent No.3 issued notice dated 4.8.2007 under the Environment Protection Act, 1986 and the Rules framed thereunder for holding public hearing. As many as 700 persons participated in the public hearing. Thereafter, respondent No.3 sent report dated 4.10.2007 to the Ministry of Environment and Forests (respondent No.2), which granted environmental clearance for the project of the appellant.

(3.) Two days before the date fixed for public hearing, Shri Ramesh Agrawal and two others, namely, Ms. Ranjana Rajput and Mr. Vinod Chhaparlya filed Civil Suit No.30-A/ 2007 in the Court of District Judge, Raigarh (for short, 'the trial Court') impleading the appellant as a defendant and prayed for grant of a declaration that the appellant had illegally set up industry at Villages Naharpali, Bhupdevpur, Salihabhata and Singhanpur. They further prayed for ordering closure of the industry and for issue of a permanent injunction against the holding of public hearing for expansion of the existing industry and / or establishment of any new industry by the appellant.