1                              WP-18398-2019
                                   The High Court Of Madhya Pradesh
                                              WP-18398-2019
                                (M/S ESSAR POWER M.P. LIMITED Vs MADHYA PRADESH POLLUTION CONTROL BOARD)


                       Jabalpur, Dated : 05-09-2019
                                 Shri R.K.Verma, Senior Advocate assisted by Shri Amit Seth,

                       Advocate for the petitioner.
                                 Shri Sandeep Singh, Advocate for the respondent/M.P.Pollution

Control Board.

Shri Mahendra Choubey, Government Advocate for respondent/State.

Assailing the order Annexure P/7 dated 14.8.2019 passed by the Madhya Pradesh Pollution Control Board putting certain conditions on the petitioner/Company causing grave danger to the environment where the operational work under MOU is going on, this petition has been preferred interalia contending that the other conditions are either complied or are in process of compliance, however, the direction to deposit Rupees Ten Crore by way of environmental compensation is without jurisdiction and not within the domain of the M.P,Pollution Control Board. The order impugned has been passed in exercise of the powers under Section 33A of the Water (Prevention & Control of Pollution) Act, 1974 (hereinafter shall be referred to as the "Act of 1974").

Learned senior counsel for the petitioner has also referred Sections 15,16,17,18 of the National Green Tribunal Act, 2010 interalia contending that either the application to determine compensation or its determination is a function of the Tribunal and not of the Pollution Control Board and, therefore, the order impugned is without jurisdiction to that extent that too giving a limited period to comply the other conditions as imposed in the order impugned.

On the other hand, learned counsel for the respondent/Pollution Control Board has referred Section 33B of the Act of 1974 to contend that an appeal would lie to the National Green Tribunal against the order impugned and the interference in exercise of the powers under Article 226 of the Digitally signed by AMIT JAIN Date: 06/09/2019 12:01:35 2 WP-18398-2019 Constitution of India is not warranted in this petition, therefore, the issue involved may be relegated for adjudication before the competent forum by presentation of the original application.

After hearing learned counsel for the parties and considering the texture of the order against which an appeal under Section 33B of the Act of 1974 is provided, this Court is not inclined to interfere in this petition in exercise of the power under Article 226 of the Constitution of India. This Court is not commenting with respect to the issue of the jurisdiction because the said issue may be dealt with by the Tribunal. In view of the aforesaid, without expressing any opinion on the merits of the case, we dismiss this petition for want of having an efficacious alternative remedy to the petitioner to take recourse before the National Green Tribunal.

Accordingly, this petition stands dismissed.

                          (J.K. MAHESHWARI)                                     (SMT. ANJULI PALO)
                                 JUDGE                                                   JUDGE


                       amit




Digitally signed by AMIT JAIN
Date: 06/09/2019 12:01:35