The NGT bench, led by Chairperson Justice Prakash Shrivastava, determined that the CAQM’s closure order was procedurally flawed because it was passed without issuing any showcause notice to the plant. This critical lapse meant the dairy unit, represented by counsel Advocate Sumeer Sodhi, was denied the required opportunity of being heard before being forced to shut down. The Tribunal’s intervention focused primarily on upholding due process rather than negating the environmental concerns themselves.

The affected Mother Dairy unit, a wholly-owned subsidiary of the National Dairy Development Board (NDDB), is a major regional player, responsible for producing approximately nine lakh litres of milk and milk products daily. The scale of its operation underscores the significant economic and supply chain implications of its closure, especially for the dense consumer base within the National Capital Region. The legal appeal by the dairy cooperative successfully highlighted the swift and procedurally non-compliant nature of the initial regulatory action.

As part of the NGT’s ruling, the Mother Dairy unit has undertaken to comply with all environmental norms and instructions issued by the CAQM. The Tribunal has mandated the unit to submit a detailed reply or representation before the CAQM within three days. The CAQM is subsequently required to grant the unit a formal hearing and render a final decision in accordance with the law within 10 days from the receipt of the unit’s detailed submission.