Authority: Supreme Court of India

Order Date: 12-10-2026

Case Overview

  • Parties: M/S Acer Granito Pvt. Ltd. (Petitioner) vs. Gujarat Pollution Control Board (Respondent).
  • Origin: Appeal (Civil Appeal No. 43932/2026) against the National Green Tribunal (NGT), Western Zone, Pune, impugning its final judgment and order dated 25‑02‑2026 in AN No.329/2025.
  • Procedural History: Multiple interlocutory applications were filed, including condonation of delay in filing IA No.297036/2026, condonation of delay in refiling/curing defects IA No.297040/2026, permission to file additional documents IA No.297035/2026, and a stay application IA No.297032/2026.
  • Key Issue: Whether Acer Granito operated a coal gasifier during the relevant period. The petitioner asserts non‑operation, whereas the NGT’s order recorded a finding that the gasifier was in operation.
  • Documentary Discrepancy Highlighted: Senior counsel Mr. Shyam Divan pointed out that the Gujarat Pollution Control Board’s order dated 01 May 2025 (paragraph 3, page 500) appears prima facie contrary to the inspection report dated 11 June 2018 (page 592), which stated that the gasifier was not in operation.
  • Compensation Order: The NGT had directed Acer Granito to pay Rs 5,68,948 as environmental compensation to the Gujarat Pollution Control Board.

Final Outcome

1. The Court condoned the delay in filing and refiling the interlocutory applications.

2. The Court issued a notice to consider the factual dispute regarding the operation of the coal gasifier.

3. The Court stayed the NGT’s compensation order of Rs 5,68,948 pending the next date of hearing.

Topics: Legal Procedure, Environmental Compensation, Coal Gasifier Dispute