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2022 Supreme(SC) 961

INDIRA BANERJEE, J. K. MAHESHWARI
D. Swamy – Appellant
Versus
Karnataka State Pollution Control Board – Respondent


Advocates appeared:
For the Appellant : Mr. Anand Sanjay M. Nuli, Adv. Mr. Dharm Singh, Adv. Mr. Suraj Kaushik, Adv. Mr. Agam Sharma, Adv. Mr. Nanda Kumar, K.B., Adv. Ms. Akhila Wali, Adv. Ms. Nandiniy Pandey, Adv. For M/S. Nuli & Nuli, AOR
For the Respondent: Ms. S.J. Amith, Adv. Mr. Purushottam Sharma Tripathi, AOR Mr. B. Purshothama Reddy, Adv. Mr. Mukesh Kumar Singh, Adv. Ms. Vani Vyas, Adv.

JUDGMENT :

Indira Banerjee, J.

This appeal, under Section 22 of the National Green Tribunal Act 2010, is against a final order dated 10th May 2017 passed by the National Green Tribunal, Southern Zone, Chennai, dismissing the Application No.169 of 2016 (SZ) filed by the Appellant under Section 18(1) read with Section 14 of the National Green Tribunal Act 2010, whereby the Appellant had prayed for a direction for closure of the Common Bio-Medical Waste Treatment Facility run by the Respondent No.3, on the ground of alleged non-compliance of the provisions of the Environmental Impact Assessment Notification 2006, hereinafter referred to as “the 2006 EIA Notification” as amended on 17th April 2015.

2. In the meanwhile, by a notification being S.O. 327 (E) dated 10th April 2001, published in the Gazette of India on 12th April 2001, the Central Government has delegated the powers vested in it under the Environment (Protection) Act, 1986 (EP Act) to the Chairpersons of the respective State Pollution Control Boards/Committees to issue directions to any industry or any local or other authority to prevent violation of the Rules.

3. On or about 25th February 2012, the Respondent No.3 applied to t


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