| File Note: |
<p class="MsoNormal" style="text-align: justify; text-justify: inter-ideograph;">Sir, it is submitted that a legal opinion has been obtain from SLO of the Board and operative part of the same is as under:</p>
<p class="MsoNormal" style="margin-bottom: .0001pt; text-align: justify; text-justify: inter-ideograph;"><strong><em>“I have examined the case for grant of consent to operate to the Stone crusher for enhanced capacity in view of letter dated 23.7.2021 issued by the Board to field offices and the letter dated 21.10.2022 of the Department of water Resources (Mines and Geology) Punjab.</em></strong></p>
<p class="MsoNormal" style="margin-bottom: .0001pt; text-align: justify; text-justify: inter-ideograph;"><strong><em>2. <span style="mso-tab-count: 1;"> </span>Considering the D.O letter dated 18.6.2021 of the Secretary, Water Resources Department and Director Mines and Geology, the Board had issued instruction vide letter no. 16536 dated 28.7.2021 to its regional offices to verify the quantity of mining material assigned / allotted to various stone crusher by the Department of Mines and Geology, to obtain carrying capacity certificate from the Department of Mines and Geology so as to ensure that the raw material is not sourced by illegal mining.</em></strong></p>
<p class="MsoNormal" style="margin-bottom: .0001pt; text-align: justify; text-justify: inter-ideograph;"><strong><em>3. <span style="mso-tab-count: 1;"> </span>Now, the Government of Punjab has notified Punjab Crusher Policy 2022 vide no of notification 5217 dated 16.08.2022. Copy of Notification is placed below.</em></strong></p>
<p class="MsoNormal" style="margin-bottom: .0001pt; text-align: justify; text-justify: inter-ideograph;"><strong><em>4.<span style="mso-tab-count: 1;"> </span>A part from that the Principal Secretary, Mines and Geology had written letter vide memo no. 521/mining/E-371585 dated 21.10.2022 to the Chairman, Punjab Pollution Control Board with regard to legal source of mining, wherein, it is mentioned that the crushers in the state are procuring raw material from different sources have limiting crusher owners to define the source of raw material would create un-necessary hurdles and paper work. The source of material cannot be fixed or any crusher as they are free to source of materials may change accordingly. It is further mentioned in the letter that the new crusher policy of the department has introduced numerous regulations that have reduced the scope of any kind of activity illegal activity and the source of material is already being verified through returns being filed by such crusher owners to submit the information pertaining to Legal Source of material to issue be duplicity of efforts chairman PPCB has been requested to issue necessary instruction to the officers in this regard copy of Memo dated 21.10.2022 is placed below for kind perusal.</em></strong></p>
<p class="MsoNormal" style="margin-bottom: .0001pt; text-align: justify; text-justify: inter-ideograph;"><strong><em>5.<span style="mso-tab-count: 1;"> </span>In view of the above stated facts, I am of the opinion that the letter dated 23.7.2021 issued by the Board stands invalidiated with the issuance of Punjab Crusher Policy 2022 by the Department of Mines and Geology vide notification dated 15.8.2022 and the issuance of letter dated 21.10.2022 by the Principal Secretary, Mines and Geology with regarding to Legal Source of Mining material (raw material).</em></strong></p>
<p class="MsoNormal" style="text-align: justify; text-justify: inter-ideograph;"><strong><em>6.<span style="mso-tab-count: 1;"> </span>The Board may grant consent to operate to the Stone Crusher for enhanced capacity keeping in view the operating capacity of the machinery installed in the premises of the applicant Stone Crusher and Pollution load and its arrangements.”</em></strong></p>
<p class="MsoNormal" style="text-align: justify; text-justify: inter-ideograph;">As such, it is recommended that varied consent to operate may be granted subject to suitable terms and conditions in light of the legal opinion given by the SLO of the Board.</p> |
