The Delhi High Court today sought the response of the Centre on state-owned car maker Maruti Suzuki's plea challenging the Haryana Pollution Control Board's decision that the company requires prior environment clearance (EC) before constructing a factory.
Maruti, in its petition before Justice Manmohan, has also challenged the government's environment impact assessment (EIA) notification of September 14, 2006, saying it does not apply to it and deserves a relook.
Justice Manmohan issued notice to the Ministry of Environment and Forests (MoEF), seeking its reply on the company's plea.
He, however, refused to pass any interim orders, saying, "I don't foresee anything happening in the near future. In case something happens you can come here and we will stay it."
During the proceedings, advocate Sachin Datta, appearing for MoEF, contended that the state pollution control board has to decide if the 2006 notification will be applicable to Maruti.
As per the 2006 notification, constructions and buildings on areas of over 20,000 square metres require prior environment clearance and this has been made applicable to Special Economic Zones (SEZs).
The state authority is of the opinion that the Maruti facility is similar to an SEZ and since it had constructed research and development facility, testing track, etc, without prior environment clearance, it had violated the environment norms.
It is the contention of Maruti that the notification is not applicable to it as it is not an SEZ.
Maruti also argued that even the Supreme Court has said that the 2006 notification, to the extent that it makes prior environment clearance mandatory for constructions on land measuring 20,000 or more square metres, needs a relook.
The company contended that the ministry should tell the state pollution board not to consider Maruti as an SEZ till the 2006 notification is relooked and sought a direction to this effect as an interim measure.
