NON-REPORTABLE IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 9202-9203/2022
BENZO CHEM INDUSTRIAL PRIVATE LIMITED APPELLANT(S)
VERSUS
ARVIND MANOHAR MAHAJAN & ORS. RESPONDENT(S)
J U D G M E N T
B.R. GAVAI, J.
1. These appeals challenge the orders passed by the
National Green Tribunal (NGT) dated 29.08.2022 and
22.11.2022.
2. Vide the first order dated 29.08.2022 penalty is imposed
on the appellant for non-compliance with the environment
requirement. By the second order dated 22.11.2022, the
review application has been rejected.
3. Heard Shri A.N.S. Nadkarni, learned senior counsel for
the appellant, Shri Feroze Ahmad, learned counsel for
Respondents No.1 to 13 and Shri Mukesh Verma, learned
counsel for the Maharashtra Pollution Control Board.
4. Shri Nadkarni, learned senior counsel, submits that the
order passed by the learned NGT depicts total non-
application of mind. It is submitted that though the
reports of the Maharashtra Pollution Control Board (MPCB) as
well as National Environmental Engineering Research
Institute (NEERI) found that there are no non-compliances,
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the learned NGT records to the contrary. It is further
submitted that the methodology of imposing penalty of Rs.25
Crores on the ground that the operative revenue of the
appellant ranges from 100 Crores to 500 Crores is totally...