KALIA SETHI AND ANOTHER IN W.P.(C) NO. 11575 OF 2017 Vs. STATE OF ODISHA AND OTHERS IN ALL THE CASES

JUDGEMENT

(1.) In all these batch of writ petitions the issue regarding jurisdiction of National Green Tribunal and the Machineries to control the pollution under the Environment Act is under challenge, as such all the writ petitions have been decided to be heard together and accordingly heard together and the same are being disposed of by this common order.

(2.) In these batch of writ petitions there are two sets of writ petitions - in the first set of writ petitions the order passed by the National Green Tribunal as well as the show cause notice issued by the Pollution Control Board are under challenge. In the second set of writ petitions the order of closure of units as well as the order of the National Green Tribunal, basis upon which the units of the petitioners have been closed, are under challenge.

(3.) The fact of the cases are that the petitioners are exclusive privilege (licence) holders of main out still liquor shop, licence for the manufacture and sale by retailer of the country spirit in a shop on the out still system since 2005-06 and are carrying on their business as per the licence granted by the State Authorities under the State Excise Laws. While the petitioners were running their out still shops, the Collector of the concerned district has issued an order on 12.5.2017 directing closure of the out still liquor shops pursuant to the order dated 24.4.2017 passed by the National Green Tribunal, Eastern Zone, Kolkata in O.A. No. 19/2017/EZ holding that no liquor manufacture units, be it country or otherwise, shall be permitted to operate without environment clearance. According to the petitioners they have duly been issued with the valid licences by the competent authorities under the State Laws and without examining the issue as to whether the out still shops are coming under the zone of either National Green Tribunal or the Environmental Laws, the orders have been passed and consequent upon the same the out still shops have been closed by the competent authority by passing an order in this regard. Learned counsel, representing the petitioners, have demonstrated that on the basis of their process of manufacturing and the quantum of manufacturing, they cannot be dragged under the purview of the jurisdiction of National Green Tribunal or the Environmental Laws, the Tribunal, without appreciating this aspect of the matter, has passed an order and thereafter the competent licencing authority has issued closure notice of the units. Hence the arbitrary action has been taken by the authorities putting their interest in jeopardize without considering the fact that they are valid licence holders, issued by the competent department under the State Excise Laws of the State of Odisha. Learned counsel has drew attention of this court that in view of the notification dated 14th September, 2006 they are coming under the list of projects or activities requiring prior environmental clearance as would be evident from reference of the distilleries provided under clause 5(g) wherein all molasses based distilleries or all Cane Juice/non-molasses distillery whose production capacity is greater than 30 kilo-liter per day or all cane juice/non-molasses based distilleries whose production capacity is less than 30 kilo liter per day (KLD). According to them, since they are coming under the parameter of the notification dated 14th September, 2006, hence the order passed by the National Green Tribunal or the concerned Collector is without jurisdiction.