Counter affidavit filed by the Commission for Air Quality Management in National Capital Region and Adjoining Areas & Others. Rathi Special Steels Ltd. had filed an application in the NGT "challenging" the order, May 5, 2022 - by which the steel rolling unit of the appellant in RIICO Industrial Area, Kurukshetra, tehsil Tijara, district Alwar, Rajasthan was directed to close down.

The unit was found in violation of Commission's Direction for not having environment clearance and a valid closure to operate (CTO) from the Rajasthan State Pollution Control Board, which had expired, July 31, 2021.

The NGT, March 29, 2022 had allowed Rathi Steels to resume operations and directed the Commission for Air Quality Management to take a decision on the stand of the appellant in accordance with law. However, Rathi Steels has not only failed to comply with the NGT order and the "statutory obligation of obtaining a clearance under the Environment (Protection) Act, 1986 but also did not get the consent to operate renewed by the SPCB.