Environment (Protection) Act, 1986
Section 3 & Section 21 of National Green Tribunal Act—Power of Tribunal—Project Proponent applied for Consent to Establish Cold Rolled Coils of stainless steel, the permission of which was granted by Gujarat State Pollution Control Board—An application filed before the Tribunal on the ground that the Project Proponent has set up the unit in violation of Environment Impact Assessment (EIA) notification—On the basis of report of Expert Appraisal Committee (EAC), one year time was granted by the Tribunal to the industry to comply with the EIA notification—Challenged—In between the project was served with a closure notice by Gujarat State Pollution Controlled Board—Since the order of Tribunal is based upon the recommendation of the EAC which suggest the time of one year should be granted to the industry—No error found in such direction—Out of 1689 units in the country the applicant has chosen the Project Proponent which appears to be a motivated petition—Not only the Project Proponent, but the country also has suffered immensely on the account of closure of the unit, which was export oriented unit—Order of closure of unit cannot be sustained and closure notice is quashed.
[Paras 7, 9, 18, 19 & 24]