| File Note: |
<p class="MsoNormal" style="text-align: justify; line-height: 150%;"><span style="font-size: 12.0pt; mso-bidi-font-size: 11.0pt; line-height: 150%;"><span style="mso-spacerun: yes;"> </span><span style="mso-tab-count: 1;"> </span><span style="mso-spacerun: yes;"> </span>I have examined the case. The industry is engaged in the business of manufacturing of hand tools and falls under small orange category. The industry has obtained and submitted continuity certificate under the provisions of the Punjab Regional and Town Planning and Development Act, 1995 from Municipal Corporation, Jalandhar vide letter no. 2488 dated 6.5.2021 wherein it is mentioned that the industry falls under RDZ (Medium Density Zone) and is permitted to operate upto 22.8.2025.</span></p>
<p class="MsoNormal" style="text-align: justify; line-height: 150%;"><span style="font-size: 12.0pt; mso-bidi-font-size: 11.0pt; line-height: 150%;">2) <span style="mso-tab-count: 1;"> </span><span style="mso-spacerun: yes;"> </span>The unit was visited by the officer of the Board after the receipt of a complaint and thereafter directions under section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 were issued by the Board for sealing of forging presses and DG set which was without canopy and acoustic arrangement. However, the machinery was de-sealed by the Board for the purpose of monitoring by National Institute of Technology (NIT), Jalandhar. NIT has carried out noise monitoring and the results were found to be within the permissible limits. </span></p>
<p class="MsoNormal" style="text-align: justify; line-height: 150%;"><span style="font-size: 12.0pt; mso-bidi-font-size: 11.0pt; line-height: 150%;">3) <span style="mso-tab-count: 1;"> </span>The perusal of the case shows that during the intervening period, the industry through its proprietor Sh. Sham Lal has filed a Civil Suit for permanent injunction against the Board not to interfere in the peaceful working of the unit by impleading Senior Environmental Engineer, Zonal Office, Jalandhar and Punjab Pollution Control Board through Chairman as respondents. </span></p>
<p class="MsoNormal" style="text-align: justify; line-height: 150%;"><span style="font-size: 12.0pt; mso-bidi-font-size: 11.0pt; line-height: 150%;">4) <span style="mso-tab-count: 1;"> </span>Though the plaintiff has sought ad interim injunction against the Board, but the Court has not granted any relief in this regard. However, summons’s have been issued in the case, but no one has appeared in the Court and the case has been proceeded ex-parte by the Court of Additional Civil Judge (Senior Division), Jalandhar. The case in Civil Suit no. 1425 of 2022 is now fixed for hearing in the Court of Additional Civil Judge (Senior Division), Jalandhar on 15.11.2022 for ex-parte evidence of plaintiff. However, in my opinion the case of the plaintiff is not maintainable in the Court of Law as the Board has taken action under the provisions of Air (Prevention and Control of Pollution) Act, 1981 and according to section 46 of the Air (Prevention and Control of Pollution) Act, 1981 the jurisdiction of Civil Court is barred. </span></p>
<p class="MsoNormal" style="text-align: justify; line-height: 150%;"><span style="font-size: 12.0pt; mso-bidi-font-size: 11.0pt; line-height: 150%;">5)<span style="mso-spacerun: yes;"> </span><span style="mso-tab-count: 1;"> </span><span style="mso-spacerun: yes;"> </span>Upon examination of the case, I am of the opinion that the unit is now complying with the noise pollution norms and has also obtained the requisite permission from Municipal Corporation, Jalandhar for the continuation of the business at the site upto 22.8.2025. In view of the proposal approved by the Competent Authority of the Board, the consent application of the unit was earlier returned by Regional Office, Jalandhar with a direction to resubmit the same alongwith study report of NIT, Jalandhar and making compliance of measures suggested by NIT, Jalandhar. The owner of the unit has complied with the direction of the Board and submitted study report of NIT, Jalandhar, which has given favorable report in the case. In view of these facts of the case, I do not find any restriction for grant of consent to operate to the unit under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 with suitable conditions as proposed in the agenda note. However, an undertaking may be obtained from the proprietor of the unit to the effect that he will withdraw the Civil Suit filed against the Punjab Pollution Control Board from the Court of Additional Civil Judge (Senior Division), Jalandhar on the date of hearing on 15.11.2022. </span></p>
<p class="MsoNormal" style="text-align: justify; line-height: 150%;"><span style="font-size: 12.0pt; mso-bidi-font-size: 11.0pt; line-height: 150%;">6) <span style="mso-tab-count: 1;"> </span><span style="mso-spacerun: yes;"> </span><span style="mso-tab-count: 1;"> </span>However, in the background of the complaint and subsequent measures taken by the owner of the unit to contain noise pollution, it is suggested that the Board may carry out three monthly inspections on surprise basis to check the noise levels and in case the unit is found to be violating the noise pollution norms, the Board may take appropriate action against the unit in accordance with the provisions of Law. </span></p> |
