Venkata Narayana Active Ingredients Pvt. Ltd vs. The State Of Andhra Pradesh

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ITEM NO.16 COURT NO.4 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CIVIL APPEAL Diary No.6850/2022

(Arising out of impugned final judgment and order dated 07-12-2021 in OA No.144/2020 17-02-2022 in RA No.03/2022 passed by the National Green Tribunal)

VENKATA NARAYANA ACTIVE INGREDIENTS PVT. LTD. Petitioner(s)

VERSUS

THE STATE OF ANDHRA PRADESH & ORS. Respondent(s)

(With appln.(s) for IA No.32436/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.32437/2022-EX-PARTE STAY and IA No.32434/2022-PERMISSION TO FILE APPEAL and IA No.32439/2022- PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 09-03-2022 This appeal was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE VIKRAM NATH

For Petitioner(s) Mr. K.V. Vishwanathan, Sr. Adv. Mr. Vishnu Mohan, Adv. Mr. Ravi Raghunath, Adv. Ms. Aakashi Lodha, Adv. Mr. Sanyat Lodha, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

1 Permission to file the appeal is granted.

• 2 Mr K V Vishwanathan, learned senior counsel appearing on behalf of the appellant submits that:
  • (i) A Joint Committee was appointed by the National Green Tribunal1 on 2 June 2021;
  • (ii) The Joint Committee did not hear the objections of the appellant or its claim of compliance with environmental requirements before a report was submitted on 4 October 2021, though an inspection of the premises was carried out;
  • (iii) The Joint Committee recommended environmental compensation in the amount of Rs 73.50 lakhs;
  • (iv) The appellant had submitted a tabulated chart of objections to the report of the Joint Committee before the NGT;
  • (v) The objections of the appellant have not been considered by the NGT;
  • (vi) The penalty of Rs 73.50 lakhs which was proposed by the Joint Committee (on which the appellant had independent objections) has been enhanced to Rs 7.50 crores purely on the basis of the turnover of the appellant as set out in the insurance form without any cogent reasoning or rationale.
• 2 As regards the compensation payable to the heirs of the deceased workmen/employees, the appellant undertakes to pay over the compensation and disbursement is awaiting the production of heirship certificates.
• 3 Issue notice, returnable in eight weeks.
• 4 Dasti, in addition, is permitted.

<span id="page-1-0"></span>1"NGT"

• 5 In the meantime, there shall be a stay of the direction of the NGT in the impugned order dated 7 December 2021 insofar as the deposit of the compensation of Rs 7.50 crores is concerned. Consequently, no coercive steps shall be taken against the appellant on the basis of the direction for the deposit of the compensation of Rs 7.50 crores.
• 6 The issue as to whether the appellant should deposit any part of the compensation of Rs 73.50 lakhs at this stage, shall be considered on the next date of listing.
• 7 List the Civil Appeals on 11 May 2022.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master