Existing industries established before the Eco Sensitive Zone Notification cannot be presumed to be polluting without evidence, and prohibitions against new industries do not apply retroactively.

ORDER

1. Mr. Samrat Sen, learned Senior Counsel assisted by Ms. Manali Ali, Mr. Zulfiqar Ali Al-Quaderi and Mr. Aditya Sarkar, learned Counsel is present for the Appellant.

2. Heard learned Counsel for the parties.

(Final order of the said case will be uploaded in NGT website by separate sheets of paper).

ORDER

1. Heard learned Counsel for the parties and perused the documents on record.

2. The present Appeal has been filed by the Appellant assailing the applicability and the enforceability of the Notification dated 29.03.2012 (Annexure “A-2” (Colly) to the O.A.) issued by the Ministry of Environment, Forests and Climate Change (MoEF&CC), Government of India declaring the Eco Sensitive Zone of the Dalma Wildlife Sanctuary, Jamshedpur against the Appellant. The Appellant is also assailing the notice/order dated 10.10.2012 (page 43 of the paperbook) directing cessation of operation within the Eco Sensitive Zone of Dalma Wildlife Sanctuary, Jamshedpur in terms of the MoEF&CC Notification dated 29.03.2012.

3. The contention of the Appellant is that its factory for the manufacture of construction chemicals, bitumen and coal tar products was established in the year 1986 after obtaining the license issued by the Factory Inspection Department, Department of Labour and Employment, Government of Jharkhand under the Factories Act , 1948 and the Jharkhand Factories Rules, 1950. It is stated that the factory has obtained Consent to Operate (CTO) under Section 25/26 of the Water (Prevention and Control of Pollution) Act 1974 and under Section 21 of the Air (Prevention and Control of Pollution) Act , 1981 from the Jharkhand State Pollution Control Board.

4. It is stated that all of a sudden, the Jamshedpur factory of the Appellant received a notice/order dated 10.10.2012 from the Forest Range Officer, Dalma Range, Dalma Wildlife Sanctuary, Jamshedpur whereby the Appellant was directed to close down its industrial unit/factory at Dimna Road, Mirzadih, Jamshedpur alleging it to be situate within 0-5 Kms of the Dalma Wildlife Sanctuary.

5. The Appellant had earlier filed W.P.(C) No.7340 of 2012 “S T P Limited, A registered company under the Indian Companies Act, 1956 Versus The Union of India & Others” seeking issuance of appropriate writ/direction for quashing the order dated 10.10.2012 issued by the Forest Range Officer, Dalma Range, Dalma Wildlife Sanctuary, Jamshedpur whereby the Appellant unit has been directed to close down its unit since it falls within the Eco Sensitive Zone within the Dalma Wildlife Sanctuary. The aforesaid Writ Petition has been disposed of by the Hon’ble High Court of Jharkhand at Ranchi by its order dated 25.09.2024 holding that the High Court has no jurisdiction in matter which lies within the jurisdiction of the National Green Tribunal and liberty has been given to the parties to approach the National Green Tribunal. Hence the present Appeal before this Tribunal. Order of the Hon’ble High Court dated 25.09.2024 reads as under :-

“IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P.(C) No.7340 of 2012 ‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘‘

STP Limited, a registered company under the Indian Companies Act, 1956, Jamshedpur, having its registered office at Turner Morrison Building, 1st Floor, 6, Lyons Range, P.O. and P.S. : Hare Street, Kolkata and its factory at village: Mirzadih, Patamda, through Sri. K. K. Biyani, S/8o Late BC BIYANI, Director, Resident of 15C Anil Roy Road, Kolkata 700029.

.... .... Petitioner(s)

Versus

1. The Union of India through the Secretary, Ministry of Environment & Forests, New Delhi.

2. The State of Jharkhand through the Secretary, Department of Environments & Forest, Government of Jharkhand, Ranchi.

3. The Forest Range Officer, Dalma Range, Dalma Wild Life Sanctuary Jamshedpur.

.... .... Respondent(s)

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