| File Note: |
It is submitted that vide policy dated 30.04.2013, the Board has laid down the procedure for processing the case for restoration of power supply/ release of B.G/ withdrawal of directions. The word "withdrawal" is adopted in the said section............
"As per the said procedure, temporary restoration shall be granted for a period of 6 months in the 1st instance and samples will be collected with a minimum gap of 45 days and maximum gap of 55 days, during the temporary restoration of 6 months. Case for temporary restoration, grant of consent for temporary period shall be approved by the Competent authority on a case-to-case basis, as per Competency. Thereafter, the case will be considered for permanent restoration." ....................
Further as per the said section, the Board's circular no. 975-76 dated 09.03.2000 as amended on 03.05.2001 shall remain in force with aforesaid amendment (Copy attached). ...............
In the circular no. 975-75 dated 09.03.2000, it has been acknowledged that there should be a uniform policy for the permanent restoration of power supply and filing of directions issued u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981. ...........Further in the said circular, it has been decided that the consent application should be decided simultaneously alongwith the permanent power connection case and dropping of action u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 and consents be issued before the orders of permanent power connection are issued............
Thus, the relevant word words which have been used in the said circular are "Filling of Directions" and "Dropping of Action"........
Further as per the modified order dated 08.05.2001, it has been decided at the 1st instance, the consents under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for the period to be granted shall be decided by the Competent Authority. Thereafter, the matter regarding the restoration of power connection / filing of notice u/s 33-A the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 shall be submitted for consideration of the Competent Authority..........
Further, the directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 were issued after approval of the Chairman of the Board (e-office file no. 124130).......
In this case no directions for disconnection of the electric connection were issued, but being a similar issue in which directions for non-operation have been issued............
Thus, as per the policy of the Board, as stated above, first the consent has to be decided and then the file will be sent to the Chairman of the Board for dropping of action u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and 31-A of the Air (Prevention & Control of Pollution) Act, 1981......
Thus, it is recommended that:
1. Consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 be granted for six months.
2. Action u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 be dropped temporarily for 6 months before permanent filing of the directions subject to reverification of the compliances by the Regional Office.
Competency-
Consent- SEE
Dropping of actions u/s 33-A- Worthy Chariman |
