| File Note: |
Subject: Proceedings of the personal hearing given before the Senior Environmental Engineer of the Board on 20.02.2026 w.r.t show cause notice for refusal of Consent to Establish (NOC) under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 M/s Shivalik Industries Barwala Road, Village Saidpura, Tehsil Derabassi, District SAS Nagar
The following were present: -
On behalf of Punjab Pollution Control Board
1. Er. Mohit Bisht, Environmental Engineer (ZP-1)
On behalf of the industry
1. Sh. P. C. Aggarwal, Authorized Signatory
At the outset, Environmental Engineer, (ZP-1) brought out that: -
The industry has applied for obtaining ‘consent to establish’ (NOC) under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for manufacturing of Zinc Oxide @2200 MT/Year as products and has submitted copy of land use classification letter issued by DTP SAS Nagar vide letter no. 946 dated 18.06.2025, wherein it has been mentioned that the proposed land falls under Existing Industrial Zone, as well as within FEZ zone and MC limits of Derabassi. However, the said letter does not explicitly state that establishment and operation of this specific category of industry is permissible in the said zones, which is normally specified in other DTP letters/ communications.
The policy of the Board dated 30.04.2013 explicitly states that "No new industry of any category shall be allowed in the approved residential area of any town/city of the State of Punjab and no red/orange category of industry shall be given consent to establish within M.C. limits except in the designated industrial area/zone." Also, it has been reported by RO after inspecting the proposed site on 15.01.2026 that the industry is going to be installed in existing industrial building and as per the representative, the site was being used earlier by some defence ordinance manufacturing industry. There exists one residential colony at around 75 m from the site of the industry and one natural drain also lies at around 40 m from the site of the industry.
The industry is required to obtain specific clarification from the Department of Town & Country Planning (DTP) and/ or MC Derabassi (being custodian under MC limits) regarding permissibility of establishment and operation of the unit at the present site in light of it being established in existing industrial zone.
It has now been proposed to refuse the application filed by the industry for grant of the Consent to Establish under the provisions of the Water Act, 1974 and Air Act, 1981, after affording an opportunity of show cause-cum-personal hearing.
As such, Show cause notice for refusal of Consent to Establish (NOC) under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 issued vide Board’s letter no. 7879 dated 17.02.2026 alongwith another opportunity to appear in person before the Senior Environmental Engineer (P), Punjab Pollution Control Board, Vatavarn Bhawan, Nabha Road, Patiala on 20.02.2026 at 11:00 PM.
The representatives of the industry attended the hearing and submitted written reply which was taken on record. He submitted that submitted that prior to applying for Consent to Establish (CTE) from the Board, the unit had approached the Municipal Council, Dera Bassi to ascertain the permissible category of industry for the subject land. However, the Municipal Council advised them to seek clarification from the District Town Planner (DTP). He further submitted that they had approached the District Town Planner vide letter dated 24.04.2025, and a reply was received on 18.06.2025, wherein they were verbally advised to approach the Punjab Pollution Control Board regarding the category of industry permissible. Further, as per the Master Plan and communication from the office of the DTP, the land in question falls under an existing industrial zone, and there is no explicit restriction mentioned in the official record regarding the type of industries that can be established in the said zone. He therefore requested that the extension of Consent to Establish (NOC) may be granted. They further stated that in case any issue arises regarding the permissibility of the industry, they are willing to comply with the directions of the Board and surrender the NOC, if required. It was deliberated that as per the Policy of the Board dated 30.04.2013, states as under:
“PPCB will grant NOC to new industries of all categories, which are proposed to be located in the designated Industrial zones/areas of the notified/draft Master Plan on the basis of undertaking submitted by the entrepreneur to the effect that the proposed site of the project/industry is located in the designated Industrial zone/area of the notified Master Plan or draft Master Plan in which the establishment of such industry/project is permissible. The undertaking to be submitted by the entrepreneur should clearly indicate the revenue entries i.e Hadbast Number, khewat / khatauni number and Khasra numbers. A copy of the said NOC alongwith undertaking and location plan of the industry clearly indicating the category of industry (red/orange/green) would be sent by the concerned Senior Environmental Engineer/ Environmental Engineer to the concerned District Town Planner of the Department of Town & Country Planning, Punjab / Local Body / Development Authority (also an intimation in this regard will be sent through e-mail) with the request to intimate the applicant (project proponent) under intimation to the Punjab Pollution Control Board within 15 days, if the said authority has any objection to the location of the project at proposed site. In the said endorsement, it would be mentioned that in case no reply is received from the aforesaid Authority within 15 days, then, it would be presumed that the proposed site is suitable for the project from the point of view of above referred Competent Authority. However, in case of any objection to the location of the project by the above referred Competent Authority or if any of the undertakings or documents are found wrong, the NOC granted to the project would be deemed to have been cancelled and the Board would not be responsible for the cost incurred by the project proponent on the basis of the said NOC. In addition, a condition would be imposed to the effect that in case any change/ amendment in the draft Master Plan are required, then the continuance of the project would be subject to such changes / amendments in the draft Master Plan by the Competent Authority.”
After hearing the representatives of the industry, officers of the Board, and material facts on the record, the SEE of the Board decided that:-
1. The industry shall submit an undertaking/affidavit as per the Policy of the Board dated 30.04.2013, clearly stating that the proposed site of the industry is located in the designated industrial zone/area of the notified/draft Master Plan where establishment of the proposed industry is permissible, along with complete revenue particulars of the land i.e. Hadbast No., Khewat/Khatauni No. and Khasra Nos.
2. Upon submission of the above undertaking/affidavit by the industry, the Consent to Establish (CTE) under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 be granted, subject to imposition of suitable terms & conditions.
3. The Consent to Establish (CTE) certificate along with the undertaking/affidavit and location plan of the industry clearly indicating the category of the industry shall be endorsed to the District Town Planner (DTP), SAS Nagar and Municipal Council, Derabassi, requesting them to intimate the Board and the applicant within 15 days, if they have any objection regarding the location of the project at the proposed site.
4. In case, no response is received from the aforesaid authorities within 15 days, it shall be presumed that the proposed site is suitable for establishment of the project from the point of view of the concerned competent authority. However, in case any adverse report/objection is received from the District Town Planner or Municipal Council regarding the permissibility of the industry at the proposed site, the Consent to Establish granted to the industry shall be liable to be cancelled, without any liability on the part of the Board for the expenditure incurred by the project proponent.
If approved, the above hearing decisions be conveyed to the unit/ RO for compliance and approval pls. |
