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Id:

20877349

Approve:

false

Approve Note:

Clarification:

false

Clarification Note:

Date Created:

2023-01-13 11:08:18.039

File Note:

Detailed inspection-cum-agenda note generated.   It is submitted that the industries located inside & outside the Focal Point, DeraBassi were visited by the teams of officers of CPCB in compliance to the order passed by the Hon'ble National Green Tribunal in O.A. no. 30 of 2013 titled&bdquo; Karnail Singh &Ors. Vs. CPCB &Ors.' and O.A. no. 33 of 2013 titled &bdquo;Jai Singh &Ors.Vs. U.O.I. &Ors.‟ Thereafter, the Hon‟ble National Green Tribunal had issued orders in the matter of OA no. 30/2013 & 33/2013 dated 25.10.2018 for closure of 57 no. units located in Derabassi area, for violation of the provisions of Environmental Laws. The Hon‟ble Tribunal had recognized M/s. Zest Infra (M/s. Expert Bio Product) operating in the premises of Plot No. C-22, Focal Point, DeraBassi as closed & non-operating industry and without consent and had ordered for closure of the unit in the said order dated 25.10.2018 alongwith 56 other industries. Thereafter, the electricity & water supply available to this plot disconnected by the concerned authorities in compliance to the directions of the Board issued to comply with the orders of the Hon‟ble NGT. Subsequently, Sh. Gautam Uppal (allottee of Industrial Plot No.-C-22, Focal Point, DeraBassi) had filed an application in the Hon‟ble Tribunal seeking modification of order dated 25.10.2018 and direction for disconnection of electricity/ water supply vide M.A. No. 1582 of 2018. The application of the industry was lastly heard by the Hon’ble Tribunal on 06.12.2019 and had issued the following orders in the matter: “M.A. No. 1582 of 2018 It is submitted by Learned Counsel for the applicant that as on date no unit is functioning. He further submits that there is no machinery lying on site. Learned Counsel for CPCB also does not dispute the submission made by the Learned Counsel for the applicant that neither the industries functioning nor there is any machinery lying on site. In the aforesaid circumstances, we direct that electricity supply may be restored, provided Mr. Gautam Uppal, gives an undertaking to the CPCB that as and when the unit starts functioning, after obtaining due consent under the law, same shall be informed and inspection in respect of compliance may be conducted. With the aforesaid direction, M.A. No. 1582 of 2018 stands disposed of.” In the said orders, the Hon‟ble Tribunal had not given directions for restoration of water supply to the industry, but had disposed of the application with the directions to restore the electricity supply to the unit. Subsequently, Sh. Gautam Uppal, was requested by this office to take up the matter either with PSIEC or the Hon‟ble NGT for directions for the restoration of water supply available to his plot located at C-22, Focal Point, DeraBassi. Later, he has submitted a copy of the orders dated 10/05/19 of the Hon‟ble Green Tribunal in the same matter filed through IA no. 324/2019. The operating part of the order are reproduced as under: “I.A. No. 324 of 2019 This application has been filed by Mr. Gautam Uppal, Allottee of Industrial Plot No. C-22, Focal Point, Dera Bassi. It has been prayed in the application that water supply at the premises namely C-22, Industrial area, Dera Bassi be restored. We have been informed by the Counsel for the applicant that as on date, no industry is in operation. As a matter of fact, the Counsel for the applicant submits that there are no machineries etc. in the premises. Learned Counsel for CPCB submits that he has no objection to restoration of water supply as there is no industrial unit in existence on the plot in question. Therefore, I.A. No. 324 of 2019 is allowed. It is ordered that water supply at the premises, C-22, Industrial Focal Point, Dera Bassi be restored. The applicant shall inform CPCB before restart of any industrial activity and obtain appropriate orders from it, in accordance to law.” In lieu of the above orders, the competent authority of the Board had directed the PSIEC authorities to restore the water supply available to plot no. C-22, Focal Point, Dera Bassi, Distt. SAS Nagar, for compliance of the orders of the Hon‟ble NGT dated 10/05/19. Now, Sh. Gautam Uppal, owner of the plot no. C-22, industrial Focal Point Derabassi has leased the plot to M/s Shabari Packaging Industries Pvt. Ltd. for five years vide registration certificate dated 28/03/2019. Thereafter, the industry was granted consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Fresh/SAS/2019/10323286 dated 29.07.2019 which was valid upto 30.09.2020 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Fresh/SAS/2019/10323068 dated 29.07.2019 which was valid upto 30.09.2020 for the manufacturing of Tin cans (100 ml) @ 500000 Number/Year, Tin cans (500 ml) @ 300000 Number/Year, Tin cans (1 Liter) @ 3000000 Number/Year, Tin cans(4 Liter) @ 300000 Number/Year, Tin cans(5 Liter) @ 400000 Number/Year, CRCA sheet drums (10 liter) @ 120000 Number/ Year, CRCA sheet drums (20 Liter) @ 180000 Number/ Year by using Tin sheets @ 1250 MT/Year, CRCA sheets @ 1680 MT/Year, Ink @ 400 Kg/Year, Coating @ 1 KL/Year, Varnish/ Lacquer @ 1.4 KL/Year, Reducers @ 1.5 KL/Year as a raw material subject to suitable conditions mentioned therein. The industry granted renewal of consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Renewal/SAS/2021/17508384 dated 23.12.2021 which was valid upto 22.12.2022 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Renewal/SAS/2021/17508493 dated 23.12.2021 which was valid upto 22.12.2022 alongwith requisite document which may kindly be perused. Now, the industry has applied for obtaining renewal of consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 for manufacturing of Tin cans (100 ml) @ 500000 Number/Year, Tin cans (500 ml) @ 300000 Number/ Year, Tin cans (1 Liter) @ 3000000 Number/ Year, Tin cans(4 Liter) @300000 Number/Year, Tin cans(5 Liter) @ 400000 Number/Year, CRCA sheet drums(10 liter) @120000 Number/ Year, CRCA sheet drums(20 Liter) @180000 Number/ Year & CRCA sheet drums (25 liter) @ 60000 Numbers/Year by using Tin sheets @ 1250 MT/Year, CRCA sheets @ 1680 MT/Year, Ink @ 400 Kg/Year, Coating @ 1.8 KL/Year, Varnish/ Lacquer @ 1.4 KL/Year, Reducers @ 1.5 KL/Year as raw materials under Orange Category along with requisite documents which may kindly be perused. The industry had earlier deposited Rs. 84,500/- (Rs. 42,000/- each under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981) Rs. 500/- as application form fees, vide C.R. no. 3/4861 dated 24/06/2019 & Rs. 8400/- vide R. No. 4/4861 dated 24/06/2019 as NOC fees, which was adequate for 31/05/2024 against the proposed project cost of Rs. 111.30 lakh & in accordance with the revised fee structure issued by the Board vide order no. 524 dated 29.10.2018. Now, the industry has deposited Rs. 34100/- vide UTR no. N338211738012725 dated 04.12.2021 under Water (Prevention & Control of Pollution) Act, 1974 including Rs. 16800/- as penalty / late fee, Rs. 500/- as facilitation fee and Rs. 34100/- vide UTR No. N338211738006644 dated 04.12.2021 under Air (Prevention & Control of Pollution) Act, 1981 including Rs. 16800/- as penalty / late fee, Rs. 500 as FDF. The industry has deposited Rs. 7040/- under Water (Prevention & Control of Pollution) Act, 1974 including Rs. 2900/- as NOC regularization fee, Rs. 840/- late fee / penalty, Rs. 500/- as FDF and Rs. 3640/- under Air (Prevention & Control of Pollution) Act, 1981 including Rs. 840/- late fee / penalty. The total fee deposited by the industry is adequate upto 30.09.2026 against the proposed project cost of Rs. 154.48 lakh & in accordance with the revised fee structure issued by the Board vide order no. 524 dated 29.10.2018. The industry has submitted compliance report of the previous granted consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981. The industry has submitted a copy of letter written by Sh. Gautam Uppal to Central Pollution Control Board regarding Undertaking in compliance of Order dated 06.12.2018 passed by Hon’ble National Green (M.A NO 1582 of 2018), undertaking in compliance of order I.A No. 324/2019 passed by Hon’ble National Green (M.A NO 1582 of 2018) & C-22, Industrial Focal Point, Derabassi (MA No 1582 of 2018). Further, as per circular no. CEE (HQ)/F.No./957/2016/59 dated 02/02/2016, the case for renewal of NOC/Consent to operate for Orange & Green category industries is to be processed based on self-certification submitted by the industry to the effect that it is complying with the provisions of the Water (Prevention & Control of Pollution) Act, 1974 & the Air (Prevention & Control of Pollution) Act, 1981, as such, the unit covers under orange category.   In view of the above, it is recommended that the 'Consent to Operate' under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 may be auto renewed to the industry upto 30.09.2026 with suitable conditions as per earlier consents granted by the Board.

Inspection:

false

Inspection Note:

Officer:

PPCB094

Reject:

false

Reject Note:

Role:

RO AEE Rantej Sharma