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SC refuses to entertain the Interlocutory application for the stay on expansion of the Okhla waste-to-energy plant

Last Updated on April 7, 2023 by Administrator

The background of the case is that the incineration plant was constructed at an open dump in Okhla, which is a public-private venture between Jindal ITF Urban Infrastructure Limited and the Delhi government, which was commissioned in the year 2012. It is the first and largest integrated waste management venture in the country. 

However, the residents were against the same and even the Uttar Pradesh government was against it as it was created within the 10 km range of the Okhla bird sanctuary without taking permission from the national board of Wildlife. Ultimately in 2017, the NGT granted permission to continue running with compensation of Rs 25 lakhs. This decision was challenged and has been pending in the supreme court for the last 5 years. 

On Wednesday, the supreme court observed that it is not needed to consider the application at the present stage, which had sought the expansion of the Okhla waste-to-energy plant in Delhi from 23 MW to 40 MW. It was informed by a plant operator that it will take at least 18 months for the project to get completed. 

The bench which consisted of Chief Justice DY Chandrachud and Justice JB Pardiwala was hearing the matter of the interlocutory application which was filed against the decision that was given by the NGT in the year 2017 which had allowed the Okhla incineration plant to continue the operations. 

The expert appraisal committee (EAC) functioning under the ministry of Environment, forest, and climate change granted permission for the expansion. The same was initially denied by the committee in September 2022. 

Senior advocate Ranjit Kumar appeared on behalf of the project developer that is Jindal ITF Urban Infrastructure Limited and informed the bench that the whole process would take only months. This is the reason why the court said that it was not important to entertain the interlocutory application at this stage. 

Though the CJI had made it clear that no further requests can be made to the environment ministry for enhancing the capacity of the Timarpur Okhla Waste Management company and if done it would be a fait accompli. 

Case Title: – Ravinder Chanana & Ors. v. The State of Delhi Delhi Secretariat Chief Secretary

Written by: – Shianjany Pradhan

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