Gulab Rai & Ors vs Union of India & Ors

This application seeks review of order dated 14.07.2022 in Appeal No. 30/2022, Gulab Rai & Ors. vs. Union of India & Ors. By the said order, the Tribunal dismissed the appeal against grant of Environmental Clearance (EC) to the proposed establishment of grain-based ethanol distillery of capacity of 60 KLD along with Co-Plot No. 26 KA and 27 KA, at Village Surpur, Tehsil – Kaladhungi, Distt-Nainital, Uttarakhand.

The Tribunal held:

“xxx …………………………………..xxx…………………………………xxx

We find that there has been due appraisal by the Expert Appraisal Committee (EAC) of the impact of the project on the environment. Suitable conditions for waste disposal and mitigating the emissions as well as discharge of effluents have been imposed, including the condition of ZLD requiring the entire waste generated to be recycled and reused in the process itself, by closing the loop/circuit within the unit. There is a provision for green belt to mitigate the air pollution. Environmental protection measures are required to be taken in terms of the EMP. However, we find that in Specific Condition (iv) quoted above, instead of condition of recharge of groundwater it appears to have been wrongly mentioned that “no ground water recharge shall be permitted” which will stand modified by deleting the word “no”. However, such recharge should be by rain water and not with waste water.”

According to the review applicant, the applicants had no opportunity to appear and point out that the appraisal for grant of EC was not adequate.

We are unable to accept the submissions. The matter was shown in the cause list and heard in open court. It was for the appellants to put in appearance. There is no basis for submission that the appellants had no opportunity to appear. Even on merits, beyond repeating the grounds already dealt with by this Tribunal, no infirmity is shown in the grant of EC.

We, thus, do not find any ground for review. The Review Application is dismissed.