Nafr High Court
Case Details
1 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.28 17:52:09 +0530 2025:CGHC:5051 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5082 of 2024 1 - Sunil Sponge Pvt. Ltd. Through- Its Power Of Attorney, Having Its Office At Ho. No. 11, Jalvihar Colony, Raipur 4822001 Chhattisgarh. --- Petitioner(s) versus 1 - Chhattisgarh Environment Conservation Board Through- Its Regional Officer, Commercial Complex, C.G. Housing Board Colony, Kabir Nagar, Raipur 492001 Chhattisgarh. 2 - State Of Chhattisgarh Represented Through- Secretary, Department Of Environment, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. 3 - State Of Chhattisgarh Represented Through- Secretary, Department Of Industries, Mahanadi Bhawan, Mantralaya Nava Raipur, Atal Nagar, Raipur, District- Raipur Chhattisgarh. --- Respondent(s) WPC No. 5268 of 2024 1 - Ganpati Refractories And Minerals Pvt. Ltd. Having Its Offices At Plot No. 641, Sector C, Urla Industrial Area, Raipur 493111, Chhattisgarh Represented Through Its Director. ---Petitioner(s) 2 Versus 1 - Chhattisgarh Environment Conservation Board Through Its Regional Officer, Commercial Complex, C.G. Housing Board Colony, Kabir Nagar, Raipur 492001 Chhattisgarh 2 - State Of Chhattisgarh Represented Through Secretary, Department Of Environment, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District- Raipur, Chhattisgarh 3 - State Of Chhattisgarh Represented Through Secretary, Department Of Industries, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District- Raipur, Chhattisgarh --- Respondent(s) WPC No. 5605 of 2024 1 - Golden Refractories Pvt. Ltd. Having Its Office At Plot No. 593 And 613, Urla Industrial Area, Raipur 493111, Chhattisgarh Represented Through Its Power Of Attorney Holder ---Petitioner(s) Versus 1 - Chhattisgarh Environment Conservation Board Through Its Regional Officer, Commercial Complex, C.G. Housing Board Colony, Kabir Nagar, Raipur 492001 Chhattisgarh 2 - State Of Chhattisgarh Represented Through Secretary, Department Of Environment, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District - Raipur, Chhattisgarh 3 - State Of Chhattisgarh Represented Through Secretary, Department Of Industries, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District - Raipur, Chhattisgarh 3 --- Respondent(s) WPC No. 5680 of 2024 1 - Agrawal Round Rolling Mills Ltd., Having Its Office At Agrawal Complex, Samta Colony, Raipur- 492001 Chhattisgarh. Represented Through Its Power Of Attorney Holder. ---Petitioner(s) Versus 1 - Chhattisgarh Environment Conservation Board, Through- Its Regional Officer, Commercial Complex, C.G. Housing Board Colony, Kabir Nagar, Raipur 492001 Chhattisgarh. 2 - State Of Chhattsgarh, Represented Through Secretary, Department Of Environment, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District-Raipur, Chhattisgarh. 3 - State Of Chhattisgarh, Represented Through Secretary, Department Of Industries, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District-Raipur, Chhattisgarh. --- Respondent(s) WPC No. 5719 of 2024 1 - B.K. Rolling Mills Pvt. Ltd. Having Its Registered Office At 5, Sahakari Marg, Street No. 3, Choubey Colony Raipur 492001 Chhattisgarh. Represented Through Its Authorised Representative. ---Petitioner(s) Versus 1 - Chhattisgarh Environment Conservation Board Through Its Regional Officer, Commercial Complex, C.G. Housing Board Colony, Kabir Nagar, Raipur 492001 Chhattisgarh. 4 2 - State Of Chhattisgarh Represented Through Secretary, Department Of Environment, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 3 - State Of Chhattisgarh Represented Through Secretary, Department Of Industries, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh. --- Respondent(s) WPC No. 6034 of 2024 1 - M/s Karni Steel Pvt. Ltd Having Its Office At Plot No. 618, Urla Industrial Area, Raipur 493221, Chhattisgarh, Represented Through Its Authorized Representative And Director- Ummed Kumar Baid, S/o Late
Legal Reasoning
Shri Poonamchand Baid, Aged About 65 Years, R/o C-71, Tagore Nagar, Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 - Chhattisgarh Environment Conservation Board Through Its Regional Officer, Commercial Complex, C.G. Housing Board Colony, Kabir Nagar, Raipur 492001, Chhattisgarh, 2 - State Of Chhattisgarh Represented Through Secretary, Department Of Environment, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 3 - State Of Chhattisgarh Represented Through Secretary, Department Of Industries, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh --- Respondent(s) 5 WPC No. 5678 of 2024 1 - M/s Agrawal Channel Mills Pvt Ltd Having Its Office At Plot No. 34 And 35, Phase- 2, Industrial Area Siltara, District- Raipur, 492001 Chhattisgarh. Represented Through Its Authorised Representative. ---Petitioner(s) Versus 1 - Chhattisgarh Environment Conservation Board Through Its Regional Officer, Commercial Complex, C.G. Housing Board Colony, Kabir Nagar, Raipur 492001 Chhattisgarh. 2 - State Of Chhattisgarh Represented Through Secretary, Department Of Environment, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 3 - State Of Chhattisgarh Represented Through Secretary, Department Of Industries, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh. --- Respondent(s) WPC No. 5611 of 2024 1 - M/s Shree Hanuman Loha Ltd. Having Registered Office At Agrasen Chowk Bajrang Nagar Raipur Chhattisgarh Represented Through Its Authorised Representative ---Petitioner(s) Versus 1 - Chhattisgarh Environment Conservation Board Through Its Regional Officer Commercial Complex C.G. Housing Board Colony Kabir Nagar Raipur 492001 Chhattisgarh 2 - State Of Chhattisgarh Represented Through Secretary Department Of Environment Mahanadi Bhawan Mantralaya Nava Raipur Atal Nagar Raipur District - Raipur Chhattisgarh 6 3 - State Of Chhattisgarh Represented Through Secretary Department Of Industries Mahanadi Bhawan Mantralaya Nava Raipur Atal Nagar Raipur District - Raipur Chhattisgarh --- Respondent(s) WPC No. 5682 of 2024 1 - Chhattisgarh Steel Products, A Partnership Firm, Having Its Office At Plot No. 190-193, Urla Industrial Area, Raipur 493221, Chhattisgarh. Represented Through Its Power Of Attrorney Holder. ---Petitioner(s) Versus 1 - Chhattisgarh Environment Conservation Board Through Its Regional Officer, Commercial Complex, C.G. Housing Board Colony, Kabir Nagar, Raipur 492001, Chhattisgarh. 2 - State of Chhattisgarh, Represented Through Secretary, Department Of Environment, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District-Raipur, Chhattisgarh. 3 - StateoOf Chhattisgarh, Represented Through Secretary, Department Of Industries, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District-Raipur, Chhattisgarh. --- Respondent(s) WPC No. 6101 of 2024 1 - Raipur Forgings Pvt. Ltd. Having Its Office At H. No. 11, Jalvihar Colony, Raipur 482001 Chhattisgarh, Represented Through Its Authorised Representative And Director- Shri Sunil Kumar Kedia, S/o Late Omprakash Kedia, Aged About 58 Years, Resident Of Samta Colony, Raipur, Chhattisgarh ---Petitioner(s) Versus 7 1 - Chhattisgarh Environment Conservation Board Through Its Regional Officer, Commercial Complex, C.G. Housing Board Colony, Kabir Nagar, Raipur 492001, Chhattisgarh 2 - State Of Chhattisgarh Represented Through Secretary, Department Of Environment, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. 3 - State Of Chhattisgarh Represented Through Secretary, Department Of Industries, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. --- Respondent(s) WPC No. 6259 of 2024 1 - Fortune Metaliks Ltd. Having Its Office At 24th Milestone, Bilaspur- Raipur Highway, Village Kapasada, Tahsil Dharsiwa, Raipur, Chhattisgarh. Represented Through Its Authorised Signatory, Shri Vikram Tamboli, S/o Shri S.L. Tamboli, Aged About 48 Years, Having Office At Fortune Metaliks Ltd., 24 Th Milestone, Bilaspur-Raipur Highway, Village Kapasada, Tahsil Dharsiwa, Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 - Chhattisgarh Environment Conservation Board Through Its Regional Officer, Commercial Complex, C.G. Housing Board Colony, Kabir Nagar, Raipur 492001 Chhattisgarh 2 - State Of Chhattisgarh Represented Through Secretary, Department Of Environment, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District- Raipur, Chhattisgarh 8 3 - State of Chhattisgarh Represented Through Secretary, Department Of Industries, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur, District- Raipur, Chhattisgarh --- Respondent(s) For Petitioners : Mr. Abhishek Vinod Deshmukh, Advocate. For Respondents/C.G. : Mr. Animesh Tiwari and Mr. Environment Conservation Kanwaljeet Singh Saini, Advocates. Board. For Respondent/State : Ms. Upasana Mehta, Dy. G.A. Hon'ble Justice Shri Bibhu Datta Guru Order on Board 28/1/2025
Decision
1. Since the same issue involve in all the writ petitions, therefore, they are being heard together and decided by this common order. 2. By the present writ petitions, the petitioners are questioning the orders, by which, the levy of compensation environmental pollution has been imposed. 3. It has been stated by learned counsel for the respondents/CECB that earlier, writ petitions were filed by the same petitioners bearing WPC No.965/2020 and other connected writ petitions, and the same were withdrawn vide order dated 02/09/2024. The said order reads as follows:- “1. At the very outset, learned counsel for the petitioners submits that in view of the order passed by the Hon’ble Supreme Court in Civil Appeal No.2218- 2219/2020 on 25/02/2022, the petitioners seeks 9 permission of this Court to withdraw these petitions with liberty to avail appropriate remedy before the appropriate forum in accordance with law. 2.Learned counsel for the respondents do not oppose the aforesaid submission. 3. In view of the aforesaid submission, these petitions are dismissed as withdrawn reserving the liberty in favour of the petitioners to avail appropriate remedy in accordance with law. 4. Learned counsel for the respondents submits that in the Civil Appeal No.2218-2219/2020, the Hon’ble Supreme Court disposed of the Civil Appeal by giving several directions along with the directions that all the contentions are left open to be agitated before the Tribunal. They further submit that the Tribunal means the National Green Tribunal under the NGT Act, 2016, but the petitioners without approaching the National Green Tribunal, as observed by the Hon’ble Supreme Court, again preferred the present writ petitions without disclosing the fact that the petitioners have to approach the National Green Tribunal, which has been observed by the Hon’ble Supreme Court in Civil Appeal No.2218- 2219/2020. 5. I have perused the order of earlier writ petitions i.e. WPC No.965/2020 and other connected matters and the directions of the Hon’ble Supreme Court in Civil Appeal No.2218-2219/2020. 10 6. The Hon’ble Supreme Court disposed of the Civil Appeal No.2218-2219/2020 with a following directions:- “a. All the appellants shall be responsible for publishing advertisements in the national newspapers having wide circulation in Capitals of each of the States of the country. b. The advertisements must mention that in the pending matter before the Tribunal, any interested entity can, through the State level/appropriate Chamber of Commerce, present a viewpoint before the Tribunal. c. Such an advertisement must be issued within Two Weeks from today and within next Four Weeks, the Presentation on behalf of each of the Chambers of Commerce must be filed before the Tribunal. d. The Presentation must indicate which Units are compliant with the requirements of law and which of the Units are still lagging behind in compliance. e. The Tribunal may consider such Presentations on behalf of each Chambers of Commerce and may pass such orders as it may deem appropriate. f. It shall be open to the Tribunal to pass such orders or interim directions calling upon the non-compliant units to deposit such sums inter alia for mitigating the 11 environmental damage, as the tribunal may deem appropriate. g. In order to facilitate the exercise, the interim order of stay granted by this Court on 18/03/2020 shall continue to operate for next Eight Weeks.” At last, it was directed that all the contentions are left open to be agitated before the Tribunal. 7. In view of the above judgment of the Hon’ble Supreme Court, the petitioners should have the remedy before the appropriate forum in accordance with law. However, the petitioners filed these petitions again before this Court without availing the remedy to approach the National Green Tribunal as held by the Hon’ble Supreme Court in Civil Appeal No.2218-2219/2020. Hence, all the writ petitions are disposed of with a liberty to the petitioners to approach the National Green Tribunal, as observed by the Hon’ble Supreme Court in Civil Appeal No.2218-2219/2020. 8. With the above observation, all the writ petitions are disposed of with the aforesaid liberty. SD/- (Bibhu Datta Guru) Judge Amardeep