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2022 Supreme(SC) 717

HEMANT GUPTA, VIKRAM NATH
Gajubha Jadeja Jesar – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the parties : Mr. Shyam Divan, Sr. Adv. Mr. Kavin Gulati, Sr. Adv. Mr. Kishore Kunal, AOR Mr. Manish Rastogi, Adv. Ms. Ankita Prakash, Adv. Ms. Kanak Grover, Adv. Mr. Uday Aditya Banerjee, Adv. Ms. Anitha Shenoy, Sr. Adv. Mr. Ritwick Dutta, Adv. Ms. Srishti Agnihotri, AOR Ms. Sanjana Grace Thomas, Adv. Ms. Aarti Krupa Kumar, Adv. Ms. Ayushma Awasthi, Adv. Ms. Madhavi Divan, ASG Ms. Seema Bangani, Adv. Ms. Akanskha Kaul, Adv. Mr. Ayush Puri, Adv. Mr. Aman Sahani, Adv. Mr. M. Singh, Adv. Mr. Gurmeet Singh Makker, AOR Ms. Aastha Mehta, Adv. Ms. Deepanwita Priyanka, AOR Ms. Prerana Mohapatra, Adv. Ms. Srishti Agnihotri, AOR Ms. Vishakha, Adv. Ms. Sujatha Bagadhi, Adv. Mr. Gurmeet Singh Makker, AOR Ms. Deepanwita Priyanka, AOR Ms. Nidhi Jaswal, AOR Mr. Arvind Kumar Sharma, AOR Mr. Kishore Kunal, AOR

JUDGMENT :

HEMANT GUPTA, J.

1. This order shall dispose of Civil Appeal No. 3116 of 2020 arising out of an application filed by the appellant1[For short, the ‘Applicant’] before the National Green Tribunal2[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 crores for the development of infrastructure and had a turnover of approximately Rs.743 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

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