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2022 Supreme(SC) 1606

D. Y. CHANDRACHUD, M. R. SHAH, HIMA KOHLI
Sanghar Zuber Ismail – Appellant
Versus
Ministry of Environment, Forests And Climate Change – Respondent


Advocates appeared:
Mr. Purvish Jitendra Malkan, Advocate, Ms. Dharita P Malkan, Advocate, Ms. Deepa Gorasia, Advocate, Mr. Alok Kumar, Advocate, Ms. Nandini Chhabra, Advocate, Ms. Bhavna Sarkar, Advocate, Ms. Khushboo Vinodray Malkan, Advocate, For the Appellant / Mr. Dhruv Mehta, Sr. Advocate, Mr. Somiran Sharma, Advocate, For the Respondent.

ORDER

Dr. Dhananjaya Y. Chandrachud, J. - Admit.

2. This appeal arises from a judgment of the National Green Tribunal dated 8 June 2021 at the Principal Bench, New Delhi.

3. The appeal before the NGT arose from the grant of an environmental clearance on 5 January 2021 in favour of the second respondent for the expansion of the capacity of its refinery situated in the petro-chemical complex at Vadinar, District Devbhumi Dwarka, Gujarat from 20 MMTPA to 46 MMTPA. The main challenge before the NGT, as recorded in paragraph 3 of the decision is that the expansion was likely to cause an adverse impact on the marine environment, both in terms of the mangroves and marine biology. The NGT noted that its attention been drawn to the EIA/EMP study prepared by CSIR-NEERI. Having extracted from the study, the NGT noted the submission of senior counsel for the second respondent that all the EC conditions would be duly complied with and due mitigation measures would be taken to ensure the safety of mangroves and marine environment.

4. Having recorded the statement of the second respondent, the NGT proceeded to observe that it did not find any ground to interfere with the grant of the EC. It, however

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