A Bench of Justice Indira Banerjee and AS Bopanna allowed the appeals and set aside the orders of the NGT as far as it pertained to the units which had received the Consent to Establish (CTE) and the Consent to Operate (CTO).
“The appeal is allowed. The impugned order is set aside in so far as the same is applicable to the units of the appellants established and operated pursuant to CTE and CTO, in respect of which application for EC has been filed,” the Court said.
The top court also directed the Central government to take a decision on the appellants’ application for EC within one month. Until such time, it was directed that the operation of the concerned units should be allowed to continue.
“Pending decision, the operation of the Pahwa Yamuna Nahar Unit and the Acolyte Yamuna Nagar Units in respect of which consents have been granted and even public hearing held in connection with grant of EC, shall not be interfered with,” the apex court directed.
It was also ordered that the electricity connection at the plants must be restored. However, If the application for EC is rejected on the ground of any contravention on the part of the appellants, it will be open to respondents to disconnect supply of electricity.
The Court noted that even though the application for EC had progressed significantly, it had been contended by the counsel appearing for the Union of India that the appellants had not submitted its final application for EC after public hearing.
In this regard, the Court directed the government to inform the appellants whether any further material is required and once the appellants respond, to take a decision on their application for EC within 3 weeks.
“It is not clear what more was required of the appellants. Be that as it may, the Union of India shall, within 3 working days of receiving a copy of this judgement and order inform the appellants in writing if anything further is required to be done by the appellants The appellants shall within a week there after do the needful. The final decision on the application of the appellants for EC shall be taken within 3 weeks thereafter,” the judgment said.
Source: Barandbench
