NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 70 of 2023 • Ranjeet Yadu S/o Shri Nand Yadu, Aged About 42 Years R/o Village Marracona, Post Colliha, Thana Simga District Baloda Bazar Chhattisgarh ---- Petitioner Versus

1. Union Of India Through Principal Secretary, Ministry Of Environment, Forest, And Climate Change, New Delhi.

2. State Of Chhattisgarh Through Its Principal Secretary, Department Of Housing And Environment, Mahanadi Bhavan, Raipur (Chhattisgarh)

3. Chhattisgarh Environment Conservation Board Through Its Chairman, Paryavas Bhavan, North Block, Sector 19, NRANVP, Raipur (Chhattisgarh)

4. The Member Secretary, Chhattisgarh Environment Conservation Board, Paryavas Bhavan, North Block, Sector-

19, NRANVP, Raipur (Chhattisgarh)

5. State Environment Impact Assessment Authority, Chhattisgarh Through Its Chairman, P4b/226, Near Canara Bank, Sector-27, Atal Nagar, Naya Raipur (Chhattisgarh)

6. The Gram Panchayat, Village Kesda And Rigni, Tehsil Simga, District Balodabazar (Chhattisgarh)

7. The Goods And Services Tax Council (Gst), Ministry Of Finance, Government Of India, New Delhi.

8. The Collector, Simga, District Balodabazar (Chhattisgarh)

9. The Director, M/s Apl Apollo Building Products Private Limited Village Ringni And Kesda, Tehsil Simga, District Baloda Bazar Bhatapara (Chhattisgarh)

---- Respondents For Petitioners : Mr. Apurv Goyal, Advocate For Respondent No.1/UOI : Mr. Ramakant Mishra, Asstt.

Solicitor General For Respondents No. 2 & 8 : Mr. Yashwant Singh Thakur, Addl.

Advocate General For Respondent No.3 to 5 : Mr. Nirnay Gupta, Advocate For Respondent No.9 : Mr. Abhishek Sinha, learned Sr.

Advocate assisted by Ms. Srishti Upadhyay, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge

Order on Board

Per Arvind Kumar Verma, J.

07/02/2024 Heard Mr. Apurv Goyal, learned counsel for the petitioner.

Also heard Mr. Ramakant Mishra, learned Assistant Solicitor General for respondent No.1/Union of India, Mr. Yashwant Singh Thakur, learned Deputy Advocate General, appearing for respondents No. 2 & 8/State, Mr. Nirnay Gupta, learned counsel appearing for respondents No. 3 to 5 and Mr. Abhishek Sinha, learned Senior Advocate assisted by Ms. Srishti Upadhyay, learned counsel appearing for respondent No.9.

2. The present public interest litigation has been filed by the petitioner with the following prayers:

10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to restrain the respondent No.9 for any operations in their second unit situated in village Ringni and Kesda Patwar Circle No.20 and 19 and Revenue Circle Simga District Baloda Bazar-Bhatapara (CG) without obtaining proper sanctions/permissions/environmental clearance.

10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent No.9 to immediately halt/stall/stop all the illegal activities carried on without any prior Environmental Clearances.

10.3 That, this Hon’ble Court may kindly be pleased to quash/set aside the Consent to Establish dated 20.06.2022 and Consent to Operate dated 31.05.2023 (Annexure P/2) granted to Respondent NO.9 for second unit as the same is in violation of the environmental laws. 10.4 That, this Hon’ble Court may kindly be pleased to order an independent investigation/constitute an expert committee into the actions of Respondent No.9 and other Respondent authorities and hold them liable for their failure to fulfill their Constitutional duty and statutory obligation and should be held liable under polluters pay principle.

10.5. That, this Hon’ble Court may kindly be pleased to direct the Respondent authorities to impose heavy cost on the project proponent for their indulgence in causing huge amount of environmental loss and endangering public lives for their own profits.

10.6 That, this Hon’ble Court may kindly be pleased to impose strict penalties, including fines and imprisonment, on the responsible authorities/ management of the project proponent and respondents for