Gaurav Garg vs Union of India & Ors

The applicant has filed this application with the prayer to direct Respondent No. 4, UPPCB to grant consent to operate the plant of the applicant under the Water (Prevention and Control of Pollution), Act, 1974 and the Air (Prevention and Control of Pollution), 1981. The contention of the applicant is that this Tribunal in the OA No. 774/2022, Gaurav Garg vs. Union of India & Ors. passed an order dated 02.03.2023 and in compliance of the order, the applicant moved an application before the appropriate authority and the scheduled meeting of SEIAA, UP could not take place in absence of Chairman, hence the final issuance could not take place.

It is further contended that the issue of Environmental Clearance may take more time and the respondents could not have renewed CTO till the time EC is not granted. It is stated that applicant’s application for TOR was placed in the 751st SEAC-1 Meeting dated 17.05.2023 when the Committee discussed the matter and recommended to issue terms of reference for preparation of EIA report. The same was placed in the 737th Meeting of the SEIAA, UP held on 7.6.2023 wherein it was noted that SEAC has recommended to grant TOR. The applicant, vide its letter dated 28.06.2023, submitted reply to the queries raised by State Level Environment Impact Assessment Authority. Thereafter, SEIAA could not function properly in absence of the major functionary.

Since the matter is pending before SEIAA, UP thus, the SEIAA is directed to dispose of the application of the applicant as early as possible say within 30 days. In case of absence of any member, the SEIAA may take suitable action and to dispose of the application within the time frame.

With these observations, the application stands disposed of.

A copy of this order be forwarded to SEIAA, UP by e-mail for compliance.