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2022 Supreme(SC) 245

INDIRA BANERJEE, J.K.MAHESHWARI
PAHWA PLASTICS PVT. LTD. – Appellant
Versus
DASTAK NGO – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Nidhesh Gupta, Sr. Adv. Mr. Tarun Gupta, AOR
For the Respondent(s): Dr. Surender Singh Hooda, AOR Mr. Aayushman Aeron, Adv. Mr. Aditya Hooda, Adv. Mr. Rahul Besoya, Adv. Mr. Anil Grover, Sr. AAG Ms. Noopur Singhal, Adv. Mr. Rahul Khurana, Adv. Mr. Satish Kumar, Adv. Mr. Sanjay Kumar Visen, AOR Ms. Babita Mishra, Adv. Ms. Aishwarya Bhati, ASG Ms. Priyanka Das, Adv. Ms. Archana Pathak Dave, Adv. Ms. Preeti, Adv. Mr. Shubhranshu Padhi, Adv. Mr. Gurmeet Singh Makker, AOR

JUDGMENT

Indira Banerjee, J.

This appeal under Section 22 of the National Green Tribunal Act, 2010, is against an order dated 3rd June 2021 passed by the Principal Bench of the National Green Tribunal (NGT) in O.A No.287/2020 at New Delhi, inter alia, holding that establishments such as the manufacturing units of the Appellants, which did not have prior Environmental Clearance (EC) could not be allowed to operate.

2. The question of law involved in this appeal is, whether an establishment employing about 8000 workers, which has been set up pursuant to Consent to Establish (CTE) and Consent to Operate (CTO) from the concerned statutory authority and has applied for ex post facto EC can be closed down pending issuance of EC, even though it may not cause pollution and/or may be found to comply with the required pollution norms.

3. With increasing industrialization and the establishment of factories which emitted smoke and other pollutants, there was worldwide concern for protection of environment. In June 1972, the United Nations Conference on the Human Environment was held in Stockholm, where decisions were taken to take appropriate steps for preservation of the natural resources of the


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