Show ApplicationProcessingDetails

Id:

21306265

Approve:

false

Approve Note:

Clarification:

false

Clarification Note:

Date Created:

2023-03-02 12:30:37.115

File Note:

Remarks:- A)      It is intimated that earlier the consent to operate under Water (Prevention& control of Pollution) Act, 1974 & Air (Prevention & control of Pollution) Act, 1981 were granted upto 31/03/2023 for the production of Washed Crushed Bajri @ 7000 CFT/Day Washed Sand @ 900 CFT/Day by using River Bed Material @ 7900 CFT/day vide online reference No. CTOW/Renewal/PKT/2022/19911753 & CTOA/Renewal/PKT/ 2022/19911749 dated 16/09/2022 dated 14/05/2018 respectively. B)      Now the industry has applied for obtaining 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 in a totally paperless manner by uploading necessary documents as PDF. C)      The industry has deposited Rs. 15,000/- vide UTR No. 670059472 dated 10/09/2022 & Rs. 17400/- vide UTR No. SBIN522228268616 dated 16/08/2022 as consent to operate fee under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 including Rs. 500/- as Form Downloading fee against total gross value of fixed assets worth Rs. 41,91,276/- as on 30/06/2022 and same are adequate upto 30/09/2027 under both Acts.   D)     The Divisional Forest Officer, Wildlife Division, Pathankot vide his letter no. 885 dated 15/07/2022 informed that the Hon’ble Supreme Court vide Judgment dated 03/06/2022 in I.A no. 1000 of 2003 in WP (C) No. 202 of 1995 titled T.N. Godavarman V/s Union of India & Others has directed that each protected Forest i.e. National Park or Wild Life Sanctuary must have an ESZ of minimum 1 KM measured from the demarcated boundary of such protected Forest. E)      The DFO has provided a copy of Ministry of Environment, Forest and Climate Change (ESZ Division), Govt. of India letter dated 29/06/2022 addressed to the Principal Chief Conservator of Forests of all the State Governments & UT Administrations, wherein the Principal Chief Conservator of Forests have been made responsible for compliance of the said guidelines of ESZ of 1 KM. It is further mentioned in this letter that the activities already being undertaken within 1 KM of protected Forest, which do not come within the ambit of prohibited activities as per 09/02/2011 guidelines (Annexure-E) for declaration of ESZs notified by Ministry of Environment & Forests, Govt. of India shall continue with permission of the Principal Chief Conservator of Forests. As per the guidelines, setting up of industries causing pollution (Water, Air, Noise & Soil etc) is prescribed as prohibited activity at Sr. No. 4 of Annexure-1 of the guidelines. F)      The Divisional Forest Officer, Wildlife Division, Pathankot has informed that M/s Hemkunt Stone Crusher within 1 KM (250 Meters) of the Kathalour Kaushalya Wild Life Sanctuary located in District Pathankot. M/s Hemkunt Stone Crusher, Village-Jaswan, Pathankot approached the Board in 2006 for seeking consent to establish (NOC). The Revenue Authorities were requested by this office vide no. 2343 dated 07/12/2006 to intimate the distance of the proposed site from National Highway/State Highway/Scheduled Road, Village Phirni/Lal Lakir/Approved Residential Colony, Historical Places/Education Institution, Zoological park/Wildlife sanctuary, Protected Monuments/Link Road & Other Districts Roads. Accordingly, the Revenue Authorities had informed that the proposed site was more than 500 meters away from the said entities. Accordingly, Consent to Establish (NOC) was granted to the stone crusher vide no. ZO-J/CTE/2007/F-102 dated 01/02/2007. G)     Show Cause Notice for revocation of consents to operate granted of the Board under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 was issued to the stone crusher vide this office letter no. 1787 dated 11/08/2022. The stone crusher submitted written reply mentioning that the stone crusher was granted NOC on 01/02/2007 and the Kathlour Kaushalya Wildlife Sanctuary was notified on 22/06/2007 and as such the stone crusher is not liable for any action in this regard. All the remaining Stone Crushers comply with the operational siting criteria. H)      The matter has been moved to obtain legal opinion regarding the fate of existing stone crushers located within 1 KM of the Kathlour Kaushalya Sanctuary and about action to be taken in case of M/s Hemkunt Stone Crusher.       As per policy of the Board and in the light of Head Office Order No. 59 dated 02/02/2016, the consent cases of Orange Category units are to be processed without visiting them (Agenda Note is also attached herewith).      In view of above, it is recommended that the consent to operate under Water (Prevention& control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 may be extended upto 30/09/2027 with suitable along with special conditions :- 1.      The stone crusher shall be bound to comply with the decisions to be taken by competent authority of the Board in accordance to the legal opinion to be made by the Law Officer of the Board. 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. 3.  The stone crusher shall maintain the plantation cover around the periphery so as to comply with the code of practice.

Inspection:

false

Inspection Note:

Officer:

PPCB152

Reject:

false

Reject Note:

Role:

RO AEE Varinderjeet Singh