In a breather to Coca-Cola, the National Green Tribunal today stayed the Uttar Pradesh Pollution Control Board (UPPCB) order for shutting down its Varanasi unit on the issue of use of ground water, but restrained the soft drink giant from expanding its factory there.
A vacation bench of the tribunal headed by Justice M Chokalingam stayed the closure of the Hindustan Coca-Cola Beverages Pvt Ltd's Varanasi unit, noting that there is no guideline which requires No Objection Certificate (NoC) for the existing industry.
The tribunal, on June 11, had sought response from Central Ground Water Authority (CGWA) as to whether NoC is required for the bottling plant for utilisation of ground water.
The bench has now fixed August 5 as the next date of hearing.
The tribunal also directed UPPCB to monitor and supervise the production of the Coca-Cola unit until further orders are passed.
"The Appellant has made a prime facie case for stay of the impugned order only in respect of the existing industry. Under such circumstances pending the appeal, the order of UPPCB has to be stayed only in respect of the operation of the Appellant's industry which has been manufacturing 600 bottles per minute and in other respect the order of closure is not disturbed.
"It is also made clear that pending consideration of the application by the Appellant by the Central Ground Water Authority, the Appellant is restrained from doing any activity with regard to the expansion of the existing industry," the bench said.
"In so far as the industry which has also existed, the Tribunal is unable to notice any reason to stop the same from carrying on its operation with original capacity since no guideline were brought to the notice of the Tribunal which require NOC for the existing industry," it said.
