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Judgment
Vipin Sanghi, CJ
IA No.02 of 2022 (Miscellaneous Application)
Issue notice.
Counsel for the respondents appears and accepts notice.
This miscellaneous application moved by the petitioner to seek interim order of protection, to protect the life and liberty of the employees, contractors as well as governmental officials belonging to the Electricity Department and other departments so that they are able to carry out the work in respect of petitioner’s project for manufacturing dedicated ethanol/bio fuel, which is required to be blended, in accordance with the governmental policy with petrol and diesel.
The submission of learned counsel for the petitioner is that in terms of the order dated 06.04.2022 passed in Writ Petition (PIL) No. 229 of 2021, some of the private respondents i.e., respondent nos. 6 to 16 approached the National Green Tribunal to raise a grievance with regard to the clearance granted to the petitioner’s project for setting up an Ethanol Production Unit for which environmental clearance, as well as no objection/consent from the State Pollution Control Board had been obtained.
The Appeal No.30 of 2022 preferred by some of the private respondents was taken up by the National Green Tribunal for hearing on 14.07.2022 and the same has been disposed of without interfering with the grant of environmental clearance to the petitioner’s project, with slight modification and while reserving the right of any new party to take remedies against violation of any environmental norms in the operation of the project.
Mr. Shobhit Saharia, learned counsel for the petitioner submits that earlier, when the petitioner was seeking to implement its project and raise some construction and carry-out other developmental works, respondent nos.6 to 16 and their supporters had physically assaulted the employees and workers of the petitioner and even the personnel of the Electricity Department. In respect thereof, a police complaint was also made on 22.03.2022. The medical examination of the injured was also got conducted at Civil Hospital.
Mr. T. A. Khan, learned Senior counsel appears for some of the private respondents submits that the order dated 14.07.2022 was passed behind the back of the appellants, and they were not aware of the listing of the said appeal before the National Green Tribunal. He submits that a review application has also been preferred before the National Green Tribunal to seek recall of the order dated 14.07.2022.
Mr. T. A. Khan further submits that the setting up of the project by the petitioner would gravely impact the horticultural activities in the area surrounding the petitioner’s land as it would cause air and water pollution.
To this Mr. Shobhit Saharia, learned counsel for the petitioner submits that the objections raised by the respondents in the aforesaid appeal have been taken note of by the National Green Tribunal, in paragraph no.4 of the order dated 14.07.2022 and the National Green Tribunal has not found favour with the same.
Be that as it may, considering the fact that the petitioner’s project has received environmental clearance as well as no objection and consent of the State Pollution Control Board, and the appeal of some of the private respondents already stands disposed of by the National Green Tribunal on 14.07.2022, we are inclined to permit the petitioner to proceed with the process of setting up of their project and we also direct respondent nos. 1 to 5 to ensure that no obstruction, physical or otherwise, is caused in carrying out of the work, in relation to setting up of the project by the petitioner at the behest of respondent nos. 6 to 16 or any of their agents. We warn respondent nos. 6 to 16 to ensure that they do not take law into their hands. Any breach of this direction shall be viewed strictly by the Court and it shall be the responsibility of respondent nos. 5 i.e. SHO, Kaladhungi, District Nainital, to ensure strict compliance of this order, and it shall be his responsibility to maintain law and order in the area.
It goes without saying that any developmental work undertaken by the petitioner shall be subject to further orders that the National Green Tribunal may pass in the review application preferred by the private respondent, or by the Court in the present petition and the petitioner shall not claim any equity on the basis of the work that they carried out.
The Miscellaneous Application is disposed of.