| File Note: |
It is submitted that the case pertains to grant of CTE (Expansion) in respect of M/s Radha Krishna Foods Unit-1, Faridkot.
As per the delegation of powers and prevailing policy guidelines of the Board, competency to decide the case of rice sheller units lies with the Regional Office (RO) under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.
The present case has been referred to Zonal Office mainly due to the issue of sealing/non-sealing of the parboiled (saila) section. In this regard, it is observed from record that:
• A noting dated 07.07.2023 proposed sealing of the parboiled section; however,
• The same was neither processed through proper channel nor approved by the Competent Authority, and
• No e-noting/file exists on record, hence no approval can be deemed to have been accorded.
Thus, the matter constitutes a procedural lapse, and the status of sealing remains unresolved in the eyes of law.
In view of the above, it is submitted that:
1. The present application may be returned to the Regional Office, being the competent authority, to process the case on merits strictly in accordance with provisions of the Water Act, 1974 and Air Act, 1981 and applicable guidelines.
2. The RO shall ensure that all statutory compliances, particularly regarding pollution control systems (including ETP for proposed parboiled activity), are duly examined before taking a decision.
3. The issue regarding sealing/non-sealing of the parboiled section may be processed separately through proper e-noting, placing complete facts on record and clearly bringing out the procedural lapse with respect to decision dated 07.07.2023.
4. The said matter shall thereafter be submitted for approval/ratification of the Competent Authority, as per rules.
Submitted for kind consideration please.
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