| File Note: |
<p>RO has reported as under:-</p>
<p>A) Earlier the consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 were granted to the subject cited industry for manufacturing Washed Crushed Bajri @ 8000 CFT/Day, Washed Sand @ 1000 CFT/Day & Big Boulders @ 1000 CFT/Day by using River Bed Material @ 10000 CFT/Day under vide online reference no. CTOW/Renewal/PKT/2021/15848581 & CTOA/Renewal/PKT/2021/15848589 dated 20/05/2021, which are valid upto 30/09/2025 respectively under orange category and same was revoked vide this office letter no. 256 & 257 dated 07/02/2023.</p>
<p>B) A complaint was filed by Sh. Tajinder Pal Singh against the industry mentioning that the partners of the said firm, Simarjit Singh and Baldev Kumar constituted a new firm by the same name i.e M/s Saini Stone Crusher, situated at the same premises i.e Village- Siunti Taraf, P.O- Narot Jaimal Singh, Tehsil and District- Pathankot. The said partners of the firm transferred their respective share in favour of Parlad Singh, Jagmohan Singh, Vikram Singh and Arvind Changotra who Constituted a new Partnership Deed on dated 20/07/2021. M/s Saini Stone Crusher is not permitted to use the above said documents issued/ renewed to the earlier firm since the identity of both the firms is different and different GSTIN/UIN have been issued to both the firms.</p>
<p>C) Show cause notice for revocation of Consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 was issued to the stone crusher on 02/11/2022. The stone crusher submitted a reply to the SCN mentioning that the complainant Tajinder Pal Singh sold his share to us and has received the full and final amount of his share and after receiving full and final amount of the share, the complainant has relinquished his share in favour of M/s Saini Stone Crushers situated at Village- Siunti Taraf, P.O- Narot Jaimal Singh, Tehsil and District- Pathankot their existing partners.</p>
<p>D) Further Sh. Arvind Changotra submitted that we have purchased the said unit of M/s Saini Stone Crushers situated at Village- Siunti Taraf, P.O- Narot Jaimal Singh, Tehsil and District- Pathankot from Sh. Simarjit Singh & Sh. Baldev Kumar with due consent of Tajinder Pal Singh. Sh. Simarjit Singh submitted that “This is to bring it to your kind notice that I (Simarjit Singh) has sold the above said unit to Sh. Arvind Changotra & Partners along with Sh. Baldev Kumar.</p>
<p>E) The facts presented by both the complainant as well as representatives of the industry as well as the record file and documents attached in OCMMS applications were carefully considered and it was observed that the consents to operate were extended on 20.05.2021 upto 30.09.2025. As per documents submitted along with that application Sh. Simarjit Singh & Baldev Kumar were partners in the firm. The partnership deed was made on 24.10.2018. The consent valid upto 30.09.2025 was granted to M/s Saini Stone Crushers situated at Village- Siunti Taraf, P.O- Narot Jaimal Singh, Tehsil & District- Pathankot and with Sh. Simarjit Singh & Baldev Kumar as occupiers of the firm. Sh. Simarjit Singh & Baldev Kumar thereafter sold the firm to Sh. Parlad Singh, Sh. Jagmohan Singh, Sh. Vikram Singh & Sh. Arvind Changotra. The partnership deed was signed on 20.07.2021.</p>
<p>F) The present occupier had not obtained consents to operate from the Board and the consents granted on 20.05.2021 upto 30.09.2025 were not valid as the occupiers to which these CTOs were granted had already left the business.</p>
<p>G) Accordingly, CTOs were revoked and the present occupiers were guided to apply for fresh CTOs to be decided after legal opinion and approval from competent authority of the Board. </p>
<p>H) Now the industry has applied for obtaining Fresh 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 under orange category.</p>
<p>I) The industry has already deposited Rs. 28,000/- Vide UTR No. N133210006231815 dated 13/05/2021 & now deposited Rs. 11,700/- vide UTR No. N318222205684576 dated 14/11/2022 & Rs. 28,000/- Vide UTR No. N133210006231821& now deposited Rs. 12000/- vide UTR No. N318222205685777 dated 14/11/2022 as consent to operate fee under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 respectively against gross value of fixed assets of Rs. 84,58,867/- as on 04/11/2022. as per value of C.A. certificate submitted by the industry and same are adequate upto 30/09/2024 under both Acts.</p>
<p>J) The industry was visited by the officer of this office on 28/02/2023. The industry was not in operation. The industry has made for provisions of compliance of code of practice.</p>
<p>K) It is brought here that the earlier in a similar case of M/s Asian Stone Crushing Company, Village-Beherian Bajurag, Tehsil & District-Pathankot, where consents granted to current occupier were revoked as per complaint received from other party regarding property dispute, the occupier had approached the Appellate Authority. The Appellate Authority had passed order dated 08/11/2021 stating that PPCB has been established with a view of carry out the purposes relating to the prevention, control and abatement of water and air pollution as enshrined in the Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 and thus larger mandate of the State Pollution Control Board is the prevention and Control of environmental pollution and not to settle the civil disputes of the parties. The subject matter of civil dispute cannot be undertaken as such by the Board for disposal. The Board cannot undertake to dispose of civil dispute between the parties, which the parties are at liberty to agitate before the civil Court. Hence, I hereby direct the Board to restore the consents to operate of the appellant company subject to the verification of compliance of environmental norms. </p>
<p>L) <span lang="EN-US">It is further added here that the complainant and the current occupier are engaged in civil suit regarding the dispute and the same is pending in the court of law. </span></p>
<p>EE ZO has observed whether the first partner Simarjit Singh and Baldev Kumar were dissolute its partnership deed before entering into new deed in the favour of Sh. Parlad Singh, Jagmohan Singh, Bikram Singh and Arvind Changotra. </p>
<p>RO be directed to clarify above immediatley, please.</p>
<p>Now RO has replied that the required document is attached for the dissolution deed is mentioned at page no. 12.</p>
<p>RO has recommended that legal opinion may be obtained from SLO and the consent to operate under Water (Prevention& control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 may be granted upto 30/09/2024 with suitable along with special conditions :-</p>
<p>1. 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.</p>
<p>2. <span lang="EN-US"> <span lang="EN-US">The stone crusher shall maintain the plantation cover around the periphery so as to comply with the code of practice.</span></span></p>
<p><span lang="EN-US">In view of above, it is recommended that legal opinion may be obtained from SLO and the consent to operate under Water (Prevention& control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 may be granted upto 30/09/2024 with suitable along with special conditions :-</span></p>
<p>1. 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.</p>
<p>2. <span lang="EN-US"> <span lang="EN-US">The stone crusher shall maintain the plantation cover around the periphery so as to comply with the code of practice.</span></span></p> |
