The National Green Tribunal (NGT) on Tuesday allowed a Mother Dairy unit in Uttar Pradesh’s Hapur district to resume operations, noting that the Commission for Air Quality Management (CAQM) had ordered its closure without issuing a showcause notice.
A bench of NGT Chairperson Justice Prakash Shrivastava and expert member A. Senthil Vel passed the interim order while hearing an appeal filed by Mother Dairy Fruit and Vegetable Pvt. Ltd., challenging the CAQM’s October 10 closure order under the Graded Response Action Plan (GRAP) measures in force across NCR.
The closure directive came amid worsening air quality in the National Capital Region, where GRAP Stages I and II had already been invoked. On Tuesday, Delhi recorded its worst air quality of the season with an AQI of 423, prompting the Centre to enforce Stage III restrictions under GRAP.
Advocate Sumeer Sodhi, appearing for Mother Dairy, told the tribunal that the Hapur unit is a wholly owned subsidiary of the National Dairy Development Board (NDDB) and produces nearly nine lakh litres of milk and milk products daily, making it an essential public utility.
The bench observed that the CAQM’s closure order was issued without affording the unit any opportunity to be heard, which violated principles of natural justice. Taking note of the unit’s undertaking to comply with environmental standards, the tribunal permitted it to make a detailed representation before the CAQM within three days.
The CAQM, the tribunal directed, must hear the company and decide the matter within 10 days of receiving the reply.
In the meantime, the tribunal clarified that the October 10 closure order would remain “interim in nature” and subject to the CAQM’s final decision. It also allowed Mother Dairy to operate its plant by adhering to all environmental norms and directions issued by the CAQM from time to time.
“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,” the NGT said.
The case will now hinge on the CAQM’s final assessment after considering the company’s response and compliance record.
