Show ApplicationProcessingDetails

Id:

21245382

Approve:

false

Approve Note:

Clarification:

false

Clarification Note:

Date Created:

2023-02-24 15:27:54.072

File Note:

It is intimated that earlier the consent to establish (NOC) from pollution angle under the provisions of Water (Prevention& control of Pollution) Act, 1974 & Air (Prevention& control of Pollution) Act, 1981 was granted vide online reference no.  CTE/Fresh/PKT/2017/5726650 dated 16/06/2017, which was valid upto 15/06/2018 and further extended upto 15/06/2020 subject to conditions mentioned therein.             It is further intimated that, the Executive Engineer, Drainage Department, Gurdaspur vide letter no. 2437 dated 23/09/2019 (received in this office on 24/10/2019) has informed this office that the site of the crusher falls within the flood protection embankment of the River. As such, the industry was found not complying with the siting guidelines of the Board framed for the establishment of stone crushers. As such, the stone crusher was issued Show Cause Notice for the revocation of Consent to Establish (NOC) from pollution angle under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 granted by the Board vide letter no. 3526 dated 16/10/2019. The matter was also discussed with the Deputy Commissioner, Pathankot and the Deputy Commissioner, Pathankot vide letter endst no. 688-693 dated 14/11/2019 constituted a committee to verify the siting criteria viz a viz location of stone crusher w.r.t the Flood Protection Embankment. However, the Deputy Commissioner, Pathankot vide letter no. 709 dated 19/11/2019 directed the Punjab Pollution Control Board to allow the operation of stone crusher till the report is received from the above said committee.            In the meantime the industry filed a writ petition in the Hon’ble Punjab & Haryana High Court vide CWP no. 2279 of 2020 titled as M/s Sant Enterprises V/s State of Punjab & Others and Punjab Pollution Control Board has been made respondent no. 2 in the said writ petition. Further, it is intimated that the Hon’ble Court vide its orders dated 28/01/2020 has put an stay on the operation of impugned orders of the PPCB’s letter dated 3526 dated 16/10/2019 (Annexure P-14) and Drainage Department’s letter no. 2437 dated 23/09/2019 (Annexure P-13). The orders dated 28/01/2020 is reproduced as under:-          “In the meantime, operation of impugned orders Annexure P-13 and P-14 shall remain stayed.”       The reply on behalf of the PSSTE and Board has been sent to the office of the Advocate General for vetting after approval from the competent authority of the Board and worthy PSSTE.            After that, the stone crusher has applied for fresh consent to operate under Water (Prevention & Control of Pollution) Act, 1974 Air (Prevention & Control of Pollution) Act, 1981 and same was granted for short term period vide online reference no. CTOW/Fresh/PKT/2020/12137733 & CTOA/Fresh/PKT/2020/12137545 dated 28/05/2020, which was valid upto 27/11/2020 subject to conditions mentioned therein. After that, the industry applied for renewal of consent to operate of the Board under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and same was renewed for short term vide online reference no. CTOW/Renewal/PKT/2021/14085718 & CTOA/Renewal/PKT/2021/14085471 dated 01/02/2021, which was valid upto 27/05/2021 with the special conditions that the validity of this provisional consent will depend upon the outcome of the report of the three member committee constituted by Deputy Commissioner, Pathankot vide memo no. 688-693 dated 14/11/2019 and the judgement/order of the Punjab & Haryana High in CWP no 2279 of 2020, whichever is earlier. After that, the industry applied for renewal of consent to operate of the Board under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and same was renewed for short term vide online reference no. CTOW/Renewal/PKT/2021/15869704 & CTOA/Renewal/PKT/2021/15869692 dated 20/08/2021, which was valid upto 19/02/2022 with the special conditions that the validity of this provisional consent will depend upon the outcome of the report of the three member committee constituted by Deputy Commissioner, Pathankot vide memo no. 688-693 dated 14/11/2019 and the judgement/order of the Punjab & Haryana High in CWP no 2279 of 2020, whichever is earlier. After that, the industry applied for renewal of consent to operate of the Board under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and same was renewed for short term vide online reference no. CTOW/Renewal/PKT/2022/18176120 & CTOA/Renewal/PKT/2022/18176111 dated 18/04/2022, which was valid upto 17/04/2023 with the special conditions that the validity of this consent to operate will depend on the outcome of the Orders/Judgement of the Hon’ble Punjab & Haryana High Court in CWP No. 2279 of 2020 or the report of the three member committee constituted by the Deputy Commissioner, Pathankot, whichever is earlier. The stone crusher shall comply with the orders of NGT in O.A. No 57/2020 or any relevant orders of Competent Authority in related matter. The above said consent to operate is valid till it has legal source of raw material certified by Department of Mines and Geology or date of expiry of the consent to operate, whichever is earlier. Now the industry has applied for further extension in validity of consent to operate under Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 for the operation of stone crusher through OCMMS. The industry has deposited Rs. 18,500/- vide UTR No. 547769879 dated 21/02/2023 & Rs. 18,000/- vide UTR No. 163882422 dated 21/02/2023 as consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 including Rs. 500/- form downloading fee respectively and same are adequate for one year period under both Acts. In the CWP 2279 of 2020, no orders has been passed by the Hon’ble Punjab & Haryana High Court, Chandigarh. The next date of court case is on 11.05.2023. As per the office order no. 59 dated 02/02/2016, the renewal of consent to operate under Air (Prevention & Control of Pollution) Act, 1981 for orange/green category industry is to be done without visiting the unit. (Agenda Note is also attached herewith). In view of above, it is recommended that the consent to operate under Air (Prevention & Control of Pollution) Act, 1981 & Water (Prevention& control of Pollution) Act, 1974 may be granted to the industry for further one year period with suitable along with special conditions :- 1.      The validity of this consent to operate will depend on the outcome of the Orders/Judgement of the Hon’ble Punjab & Haryana High Court in CWP No. 2279 of 2020 or the report of the three member committee constituted by the Deputy Commissioner, Pathankot, whichever is earlier. 2.   The stone crusher shall comply with the orders of NGT in O.A. No 57/2020 or any relevant orders of Competent Authority in related matter.

Inspection:

false

Inspection Note:

Officer:

PPCB152

Reject:

false

Reject Note:

Role:

RO AEE Varinderjeet Singh