Building on this post, I wanted to know the communityâs thoughts on the outstanding litigation, detailed in Page 120 of the Memorandum, reproduced below for convenience, emphasis is mine.
1) Criminal prosecution by Maharashtra Excise Department:
The commissioner of state excise, Maharashtra vide an order of March 2018 questioned the export by Companyâs distillery at Nira of absolute alcohol to a party
in Telangana. The excise department also filed a FIR # 107 of 2018 in March 2018 u/s. 65(b), 80(2), 81, 82 & 83 of Bombay Prohibition Act, and arrested Nishikant Natu, an officer of the Company.
In March 2018, the said officer was released on bail by the Saswad court. Since Directors of the Company were also named in the FIR, anticipatory bails were obtained for all the directors in March 2018 from the Sessions Court, Pune. The excise department is yet to file the charge sheet in the case. In 2018 itself the Company filed a Quash Petition # 1180 of 2018 before Honâble Bombay High Court, and the matter is pending.
2) Criminal Complaint by villager:
A villager, Kamlesh Devi filed a Criminal complaint # 653/9 of 2010 406,
452 & 506 of Indian Penal Code against the officials of Companyâs Gajraula plant alleging that on July 11, 2010 the named officials of the Company had assaulted her with filthy language and threatened to kill her if she demands for the INR 3,000 per month as promised for for discharging water in to her fields and further threatened
to implicate her and her sons in false cases if she takes any legal action and that they would get her murdered and grab her fields. A quash petition # 35002 of 2010 was filed before Honâble Allahabad High Court challenging the summons, and Honâble High Court granted a stay of further proceedings before trial court, which is continuing.
3) Criminal Complaint by ex-employee:
An ex-employee, Jugnu Singh Jatav at Companyâs Gajraula Plant, whose
probation was not extended due to poor performance, filed complaint # 2097 of 2012 323, 504, 506 of Indian Penal Code and u/s. 3(1) (10) of SC and ST (Prevention of Atrocities) Act, 1989, against the Company official alleging that he assaulted the complainant and snatched money from him and also abused him by caste.
The complaint was rejected by the trial court, which order was set aside by the Sessions Court upon challenge by the ex-employee. Company official challenged the order before Honâble Allahabad High Court (# 288 of 2013) and Honâble High Court stayed operation of the Sessions Court order, which is continuing.
4) Criminal Complaint by ex-employee:
An ex-employee, Santosh Kumar at Companyâs Gajraula Plant filed
criminal complaint[âŚ], alleging that Company employees hated him because he belonged to a lower caste and during his employment they discriminated him on the basis of his caste and also assaulted him.
The Company challenged the case before the Sessions Court (case # 64 of 2015) which accepted our prayer and remanded the matter to trial court for fresh consideration. Meanwhile, the police also registered a case against
the complainant, Santosh Kumar as he created ruckus in Superintendent of Police (âSPâ) office. Santosh Kumar filed a petition before the Honâble Allahabad High Court (case # 12167 of 2015) challenging the remand order passed by Sessions Court and well as the action by SP against him in a related matter. In view of the pendency
of the petition before the High Court, the matter before trial court is kept pending by the trial court.
5) Criminal Complaint by villager in Nira:
A villager, Rajendra B Dhumal filed a criminal complaint # 529 of
2015 u/s. 269, 270 & 278 of Indian Penal Code, against Company alleging that the factory at Nira is discharging pollutants in River Nira and in the atmosphere thereby leading to infectious diseases. Company challenged the summons before the Additional Sessions Court, Baramati (case # 40 of 2017), and both matters are pending.
6) Criminal Complaints by Zila Panchayat, JP Nagar:
J.P Nagar Zila panchayat filed 5 criminal complaints filed in 2002 (cases # 332, 341, 349, 354 and 359, new numbers alloted in 2017) u/s. 240 & 107A Uttar Pradesh
Chhetriya Panchayats and Zila Panchayats Adhiniyam, 1961 against officials of Company alleging that the factory is running without obtaining the license from panchayat and also alleged that the factory is degrading the environment.
Company officials have challenged the proceedings before Honâble Allahabad High Court wherein stay is continuing in 3 cases (case # 341, 349 and 354) and pending. The remaining 2 cases (case # 332 and 359) are pending at trial court. Zila Panchayat filed 29 similar complaints earlier, which were all dismissed. Zila Panchayat had also issued proceedings for recovery of INR 3,000 Lakhs in the year 2002, which has been set aside by the Honâble Allahabad High Court (WP 44611 of 2002) in 2019 and remanded the issue to Zila Panchayat.
7) A public interest litigation (âPILâ) was filed by Janardhan Pharande & other villagers:
(2009) alleging that Company is responsible for polluting the air and water in the
villages adjoining the banks of the river Nira. PIL for cancellation certificate issued by the Ministry of Environment and Forests for expansion of its molasses-based distillery unit. NEERI appointed by the High Court carried out sampling of water and air and gave its recommendations for improvement. Subsequently, case has been transferred to NGT, Pune and numbered as No.7/2014 which approved an Action Plan for remediation. INR5500 Lakhs has been spent on the remediation work being carried out by the Company. The progress of the implementation is monitored by the Maharashtra Pollution Control Board (âMPCBâ) and reviewed by the Honâble National Green Tribunal (âNGTâ).
In February 2020 the Honâble NGT directed Company to deposit compensation of INR 547 Lakhs with Central Pollution Control Board
(âCPCBâ), which has been contested by the Company in an application for review filed in March 2020 which was rejected on erroneous calculation of limitation, and another review application was filed by Company and is pending. The Company has deposited INR 20 Lakhs with the MPCB, and the case pending.
8) Complaint from a villager:
A complaint was filed by a villager, Shah Alam alleging that due to the air pollution from Company factory in Gajruala and also discharge of chemicals due to tubewell the health of villagers is being affected and his mangrove is adversely affected. The Honâble NGT, Delhi took cognizance in March 2019 (No.107/2019)
& directed District Magistrate, Amroha and Uttar Pradesh Pollution Control Board (âUPPCBâ) to conduct enquiry, take appropriate action and file a status report which report stated that the mangrove was not effected due to Company operations. A subsequent Committee appointed by the Honâble NGT assessed environment compensation of INR984 Lakhs (for extracting ground water without renewal of Non
Objection Certificate (âNOCâ) from Central Ground Water Authority (âCGWAâ) and INR 619 Lakhs (for other alleged non-compliances).
The Company has filed detailed representations to the CPCB, UPPCB, Monitoring Committee and the Oversight Committee (for Uttar Pradesh) for violation of natural justice, wrong calculations etc. In December 2019 the Company deposited INR 30 Lakhs with UPPCB under protest. The Honâble NGT in August 2020 has directed UPPCB to take steps to recover assessed compensation. In June 2020, the UPPCB issued a closure notice and directed company to pay environment
compensation. The Company has deposited INR 70 Lakhs in September 2020 with the UPPCB in protest.
The non-issuance of the NOC by CGWA and the closure notice of UPCCB was challenged by the Company
before Honâble Allahabad High Court (# 9908 of 2020) which granted a conditional stay of coercive action in November 2020 and the case is pending.
The amounts mentioned as compensation donât bother me as much as the allegations. The Gajraula plant looks like a timebomb (or was, around the time of these allegations), and the allegations around the Nira river are recurring. Complaint 8) was as recent as 2019. If any boarders have studied these before, please share your conclusions. Iâll try to understand this a lot better and post again after I do.
Thanks!