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Judgment
This IA No. 95/2024 has been filed by the Respondents No. 7, 9, 11, 13, 14 and 16 - M/s Nutressa Organics India Pvt. Ltd., M/s Doon Mines & Minerals, M/s Yamuna Mines, Manish Jaiswal, M/s Rana Royalty and M/s Blue Star Mines seeking clarification of the order dated 08.11.2023 passed in OA No. 188/2023. The Tribunal by order dated 08.11.2023 had issued the interim order to the following effect:
“xxx………………………………….xxx………………………………….xxx
Having regard to the plea raised and argument advanced by the Counsel for the applicant, we are of the view that a case is made out by the applicant for grant of interim relief. Accordingly, we direct that the ECs will not be issued to the above newly added respondents by the competent authority without the leave of the Tribunal.”
The Applicant had challenged the said interim order in Civil Appeal No. 4611/2024 which has been disposed of by the Hon’ble Supreme Court by order dated 01.04.2024 to the following effect:
“1 By its interim order dated 08 November 2023, the National Green Tribunal (NGT) has directed that “the ECs will not be issued to the above newly added respondents by the competent authority without the leave of the Tribunal”.
2 The appellants have moved the Tribunal for a clarification that though its order dated 08 November 2023 stayed the grant of ECs, the process under the EIA 2006 (Stage I-III) has not been stayed and may be permitted to continue pending adjudication of the Original Application.
3 The application for clarification which has been filed before the Tribunal is pending. It appears that on 26 February 2024, the proceedings have been adjourned to 07 May 2024.
4 Bearing in mind the above situation, we permit the appellants to move the Tribunal.
5 We request the Tribunal to take up the application for clarification which has been filed by the appellants expeditiously and take such appropriate decision thereon as it deems fit.
6 The Tribunal may preferably do so by the end of April 2024.
7 The Appeal is accordingly disposed of.
8 Pending applications, if any, stand disposed of.”
We have heard the learned Counsel for the parties on the issue of clarification, as prayed in the IA.
Submission of learned Counsel for the Applicant is that the order passed by the Tribunal is an ex-party order and the Tribunal has only issued the limited interim order of not to issue the Environmental Clearance (EC) to the newly added respondent without leave of the Tribunal. Therefore, the proceedings for grant of EC i.e. issuance of TOR, EIA Study, Public Hearing etc. can continue. He submits that it will save time. The prayer is opposed by learned Counsel for the Applicant in OA but he could not point out any prejudice to the Applicant, in case if the prayer made in the IA is allowed.
The Tribunal in the order dated 08.11.2023 had only directed that the EC will not be issued without the leave of the Tribunal. Therefore, it is implicit in that order that the proceedings for grant of EC can continue in the meanwhile. Hence, no further clarification is required.
IA is accordingly disposed of.
List the OA on 07.05.2024, as earlier directed.