ORDER :

1. Heard learned counsel appearing for the parties.

2. The challenge in these appeals is to order dated 30th September, 2021 passed by the National Green Tribunal (NGT). The operative part of the order reads thus:

"we feel that the application can be disposed of with the following directions:

(i) Since, the Pollution Control Board had already issued closure order and disconnection of electricity supply of respondents 4 and 5 units and they filed appeals before the Appellate Authority and since they are pending, there is nothing survives before this Tribunal and parties can sort out their remedies before the Appellate Authority, where appeals are pending.

(ii) As regard the imposition of environment compensation for violations, the Pollution Control Board is directed to initiate proceedings against respondents 4 and 5 for violations of conditions imposed on the basis of the guidelines given by the Central Pollution Control Board after giving necessary notice to the respondents 4 and 5 and after hearing them pass appropriate order in accordance with law under Section 5 of the Environment (Protection) Act, 1986.

(iii) The applicants are at liberty to challenge the order passed by the Appellate Authority, if it goes against them before the appropriate forum in accordance with law and that liberty is left open.

(iv) The liberty of the applicant to come before this Tribunal for future violations or pollution, if any, caused on account of the operation of the units of the respondents 4 and 5 is also left open.

(v) Pollution Control Board is directed to monitor the functioning of the units, if ultimately later the closure order is revoked, periodically and if there is any violation found, they are directed to take appropriate action against respondents 4 and 5 in accordance with law.

(vi) Respondents 4 and 5 are also directed to comply with the conditions, if any, imposed by the Appellate Authority or by the Tamil Nadu Pollution Control Board on revocation of the closure order ultimately later and avoid causing pollution to the neighbours and avoid complaints being raised by them on account of their activities of causing pollution in future.

(vii) Considering the circumstances, the parties are directed to bear their respective costs in the application.

(viii) The registry is directed to communicate this order to the Tamil Nadu Pollution Control Board for their information and compliance."

3. The operative part notes that the appeals preferred by the present appellants against the closure order and the order of disconnection of electricity were pending. Therefore, while issuing notice, by order dated 13th December, 2021, this Court stayed clause (ii) of the operative part of the impugned judgment with a direction to the Appellate Authority to decide the pending appeals against order of Pollution Control Board dated 27th July, 2021. It appears that the Appellate Authority by order dated 14th February, 2022 allowed the appeal preferred by the appellants.

4. Aggrieved by the order of the Appellate Authority dated 14th February, 2022, the first and the second respondents preferred a statutory appeal before the NGT. A copy of judgment dated 17th May, 2023 passed by the National Green Tribunal is placed on record. NGT confirmed the order of the Appellate Authority subject to certain conditions which were incorporated in paragraph 26 of the said judgment.

5. Admittedly, an order in terms of clause (ii) of the operative part of the impugned judgment has not been passed by the Pollution Control Board. The order of quantification/imposition of environment compensation could have been passed only after giving a notice to the appellants and after givi