National Green TribunalMsh Sheikh vs State Of Gujarat Through The Secretary on 24 August, 2023Item No.4                                            (Pune Bench)\n\n                       BEFORE THE NATIONAL GREEN TRIBUNAL\n                           WESTERN ZONE BENCH, PUNE\n\n                                   (By Video Conferencing)\n\n                      ORIGINAL APPLICATION NO. 110 OF 2023 (WZ)\n                         [Earlier Application No.362/2019 (LP)]\n\n        MSH Sheikh, President BWRC                              .... Applicant\n\n                      Versus\n\n        State of Gujarat                                        ....Respondent\n\n\n        Date of hearing : 24.08.2023\n\n\n        CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER\n               HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER\n\n        Applicant              :   Ms. Shilpa Chohan, Advocate\n\n        Respondents            :   Mr. Saurabh Kulkarni, Advocate for the Project\n                                   Proponent - M/s Praharit Pigments LLP\n                                   Mr. Kishan Patel, Advocate holding for Mr. Maulik\n                                   Nanavati, Advocate for respondent No. 2 - GPCB\n\n\n                                          ORDER1.    The present matter was initially registered as Original Application\n\n        No.362/2019 on a Letter Petition, which had been sent to this Tribunal\n\n        by Mr. MSH Sheikh (applicant), which has now been registered as\n\n        Original Application No.110/2023 (WZ), after having been transferred\n\n        from the Principal Bench. A letter dated 17.06.2023 regarding transfer of\n\n        this matter is found to be there on record, send by the NGT, Principal\n\n        Bench.2.    Earlier, when the matter was being considered before the Principal\n\n        Bench, final judgment was passed on 26.09.2019 with following\n\n        directions:(i)   The SPCB may assess and recover compensation on `Polluter Pays'\n              principle in accordance with law from the generator of the waste as\n              well as the transporter. Pending such assessment, the SPCB may[NPJ]                                                                   Page 1 of 3recover a sum of Rs.50 lakhs as interim compensation jointly and\n                severally from the generator as well as the transporter without\n                prejudice to the remedies of the heirs of the deceased and the\n                injured.(ii)    The Chief Secretary, State of Gujarat may look into the conduct of the\n                SPCB in failing to perform its statutory duty in taking stringent\n                action. As already noted, the SPCB had withdrawn the closure\n                notice inspite of such serious incident of two deaths and grievous\n                injury of another person and also damage to the environment,\n                without even recovering any compensation for such damage,\n                showing the Board in extremely poor light.(iii)   To ensure effective environment governance, review of the\n                manning/revamping of the GPCB may be undertaken within one\n                month and initiating disciplinary or other action for the acts of\n                omission and commission of key functionaries of the GPCB may be\n                considered. Compliance report before this Tribunal be filed within\n                one month by e-mail at[email protected].(iv)    The interim compensation, recovered in pursuance of above, may be\n                deposited withthe CPCB for being spent for restoration of the\n                environment."3.      Against that order, Civil Appeal No.8249 of 2019 (Praharit\n\n        Pigments LLP Vs. The State of Gujarat and others) was preferred before\n\n        the Hon'ble Supreme Court, wherein the Hon'ble Supreme Court has\n\n        passed order on 17.05.2023, as follows:"This appeal arises out of an order passed by the National\n                Green Tribunal (for short `the NGT'), directing the Gujarat State\n                Pollution Control Board (for short `the Board') to assess and recover\n                the compensation from the appellant and further directing the Board\n                to recover Rs.50,00,000/- as an interim compensation. There were\n                also further directions issued by the NGT.The above directions were issued on the basis of the report of\n                the Joint Committee, dated 08.06.2019. The limited grievance of the\n                appellant is that the appellant was never heard before the Joint\n                Committee. They were also not heard before the NGT and were not\n                even made a party before the NGT.In view of the above, the appeal is allowed and the impugned\n                order is set aside and the matter is remitted back to the NGT. The\n                respondent no.2 herein, who was the complainant before the NGT,[NPJ]                                                                      Page 2 of 3shall implead the appellant herein as a party to the proceedings.\n              The NGT shall direct the Joint Committee to hear the appellant and\n              thereafter pass orders in accordance with law.Pending application(s), if any, shall stand disposed of."4.    Since a direction in the above order of the Hon'ble Supreme Court\n\n        says that the complainant before the NGT shall implead the appellant i.e.\n\n        Praharit Pigments LLP as aparty, we direct the learned counsel for the\n\n        applicant to implead "Praharit Pigments LLP" as one of the respondents\n\n        before proceeding further.5.    We direct the Registry to prepare memo of parties showing the\n\n        complainant as applicant herein and State of Gujarat and Gujarat State\n\n        Pollution Control Board as respondent Nos.1 and 2 and newly impleaded\n\n        "Praharit Pigments LLP", which has been directed to be impleaded, as\n\n        respondent No.3, within a week.6.    "Praharit Pigments LLP" - respondent No. 3 is being represented by\n\n        learned counsel Mr. Saurabh Kulkarni, who is directed to file the reply-\n\n        affidavit within four weeks. We direct the Registry to transmit a copy of\n\n        the complaint, copy of the Joint Committee report and that of FIR to the\n\n        learned counsel for respondent No.3 today only through e-mail.7.    From the side of respondent No.2 - GPCB, learned counsel Mr.\n\n        Kishan Patel holding brief of learned counsel Mr. Maulik Nanavati, has\n\n        appeared. He is also directed to file reply-affidavit, if so required.8.    Put up this matter for next consideration on 09.10.2023.Dinesh Kumar Singh, JM\n\n\n\n\n                                                               Dr. Vijay Kulkarni, EM\n\n        August 24, 2023\n        O.A. No.110/2023(WZ)\n        npj[NPJ]                                                                       Page 3 of 3