NGT allows Mother Dairy's Hapur unit, closed by CAQM, to resume operations

New Delhi, Nov 11 (PTI) The National Green Tribunal (NGT) on Tuesday passed an interim order allowing a Mother Dairy unit in Uttar Pradesh's Hapur district to resume operations after complying with the environmental norms.

A bench of NGT Chairperson Justice Prakash Shrivastava and expert member A Senthil Vel was hearing an appeal filed by Mother Dairy Fruit and Vegetable Pvt Ltd in Pilkhuwa town of the district, challenging a closure order of October 10 by the Commission for Air Quality Management (CAQM) in NCR and adjoining areas.

Measures under Stages I and II of the Graded Response Action Plan (GRAP) have been in force across NCR since October to prevent further deterioration in air quality.

Delhi woke up to its worst air quality of the season on Tuesday, with the AQI plunging into the "severe" category at 423.

The Centre invoked stricter anti-pollution measures under Stage III of GRAP in the wake of the deteriorating air quality.

Advocate Sumeer Sodhi, counsel for the plaintiff, said that the unit was a wholly-owned subsidiary of the National Dairy Development Board (NDDB), and that it produced around nine lakh litres of milk and milk products daily.

The tribunal said that the CAQM's closure order had been passed without issuing any showcause notice to the unit, which meant no opportunity of being heard was given to it.

Noting that the unit had undertaken to comply with all environmental norms, the tribunal allowed it to submit a detailed reply or representation before the CAQM within three days.

It said the CAQM would give an opportunity to hear the unit and would take a decision in accordance with the law within 10 days from the date of receipt of the reply.

"Till then, the order under challenge will be treated to be interim in nature and will be subject to the order passed by the CAQM after giving an opportunity of hearing to the appellant (Mother Dairy unit).

"Till the fresh order is passed by the CAQM in terms of the above direction, the appellant is permitted to operate the plant by complying with all the environmental norms and instructions issued by the CAQM from time to time," the tribunal said. PTI MNR SKM MNR KSS KSS