Uttarakhand High Court
Maa Sheetla Ventures Limited vs State Of Uttarakhand And Others on 16 August, 2022
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
WPCRL No.666 OF 2022
16TH AUGUST, 2022
Maa Sheetla Ventures Limited .......Petitioner
Vs.
State of Uttarakhand and others ...... Respondents
Presence: -
Shri Shobhit Saharia, learned counsel for the petitioner.
Shri J.S. Virk, learned Deputy Advocate General alongwith
Shri Rakesh Joshi, learned Brief Holder for the State.
Shri T. A. Khan learned Senior counsel assisted by Shri
Vinay Bhatt, learned counsel for the private respondent
nos.6 to 16.
JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)
IA No.02 of 2022 (Miscellaneous Application)
Issue notice.
2. Counsel for the respondents appears and accepts
notice.
3. 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.
4. 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.
5. 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.
6. Mr. Shobhit Saharia, learned counsel for the
petitioner submits that earlier, when the petitioner was
seeking to implement its project and raise some
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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.
7. 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.
8. 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.
9. 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
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Tribunal has not found favour with the same.
10. 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.
11. 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
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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.
12. The Miscellaneous Application is disposed of.
________________
VIPIN SANGHI, C.J.
_______________________
RAMESH CHANDRA KHULBE, J.
Dated: 16th August, 2022
SK/RB
