| File Note: |
It is submitted that the rice sheller had earlier applied for fresh consents to operate of the Board under the Water Act, 1974 & the Air Act, 1981 on 05.09.2017. Sh. Jatin Singla, Partner in the industry vide letter dated 05.09.2017 has submitted that they have purchased this unit from M/s Hira Rice Mill and now they are applying for consents to operate this unit with the name of M/s Divine Industries. The site of the industry was visited by undersigned on 07.09.2017 and observed that the industry has not provided brick road for movement of vehicles. Also, it had not provided plantation near septic tank for utilization of domestic effluent after septic tank. Accordingly, the application of the industry for obtaining consents to operate under the Water Act, 1974 & the Air Act, 1981 were returned on 13.09.2017, with request to re-submit the same after removing observations.
Now, the industry has again applied for fresh consents to operate of the Board under the Water Act, 1974 & the Air Act, 1981 on 25.11.2017. The industry has submitted copies of 3 nos registries dated 12.01.2017, 11.04.2017 and 01.09.2017 of land measuring 6 bigha 1 biswa, 2 bigha 10 biswa and 4 bigha 18 biswa respectively, purchased from Smt. Sukhjinder Kaur W/o Sh. Sagar Singh, resident of Amargarh, Tehsil Malerkotla, District Sangrur. The industry has deposited consent fee of Rs. 15,000/- each vide R. No. 96/5046 & R. No. 95/5046 dated 06/09/2017 under the Water Act, 1974 & the Air Act, 1981, respectively against the gross fixed assets of Rs. 64,11,100/- as per CA certificate dated 04/09/2017, which is adequate for five years. It is further submitted that the Govt. of Punjab, Department of Science Technology & Environment has notified that the Rice shellers /saila plants shall comply with the code of practice notified by Govt. Notification no. 10/48/2004-STE (4) /932 dated. 15/10/2013. To verify the compliance of NOC conditions & the code of practice, the industry was visited by undersigned on 25/11/2017 and it was observed as under:-
1. The industry was in operation.
2. The industry has covered all the processing sheds.
3. The industry has provided brick road from main gate of the industry to the rice room for movements of vehicles.
4. The industry has provided cyclone as APCD and stack of adequate height to control the process emissions from shelling section. All the dust emitting points are connected to the cyclone.
5. The industry has provided brick wall of 10 feet height in front of the discharge point of rice husk area and the length of aforesaid brick wall is 35 feet on each side of the rice husk discharge point.
6. The industry has provided mesh of 5 feet height above the brick wall in front of the discharge point of rice husk area.
7. The industry has no source of trade effluent generation and it has provided septic tank for treatment of domestic effluent to be generated from toilets / washrooms. It has also made plantation along boundary wall to utilize treated domestic effluent after septic tank for irrigation purpose.
8. The industry has installed one no. submersible pump in its premises to cater the need of fresh water to be used for drinking and other domestic activities.
9. The representative of the industry informed that earlier, the rice sheller was running at this site with name of M/s Hira Rice Mills.
It is further submitted that no file of M/s Hira Rice Mills, Amargarh, Tehsil Malerkotla, District Sangrur exists in the record of this office. However, the industry has submitted copy of consent to operate under the Air Act, 1981 bearing no. Regional Office/SGR/APC/2010/483 dated 28.02.2010, valid upto 31.03.2015 in the name of M/s Hira Rice Mills. On further investigation, it was observed that the consent bearing no. Regional Office/SGR/APC/2010/483 dated 28.02.2010, valid upto 31.03.2015 in the name of M/s Hira Rice Mills is fake and prepared by forging consent granted to M/s Punjab Rice Mills, Amargarh, Tehsil Malerkotla, District Sangrur under the Air Act, 1981 vide no. Regional Office/SGR/APC/2002/483 dated 28.02.2002, valid upto 31.03.2015. Thereafter, the industry (M/s Divine Industries) was requested telephonically to submit original copy of consent to operate granted to M/s Hira Rice Mills. But the industry has failed to submit the same and informed that they have received only copy of consent to operate under the Air Act, 1981 from the party (M/s Hira Rice Mills) from which they have purchased this rice sheller.
From the above, it is clear that the earlier operator of this rice sheller i.e. M/s Hira Rice Mills has operated this unit without valid consents to operate of the Board. Moreover, they have created a fake certificate by forging the consent granted to M/s Punjab Rice Mills under the Air Act, 1981, thus violated the provisions of the Water Act, 1974 and the Air Act, 1981.
The date of commissioning of the rice sheller (M/s Hira Rice Mills) is not known. The site of rice sheller is located along Nabha to Malerkotla Road, which is schedule road. Thus, the site is not suitable as per siting criteria laid down by the Deptt of Science Technology & Environment Govt. of Punjab vide order no. 10/48/2004/STE(4)/932 dated 15.10.2013.
In view of the above, it is recommended that
1. Show cause notice for refusal of consents to operate under the Water Act, 1974 and the Air Act, 1981 may be issued to M/s Divine Industries, Amargarh, Tehsil Malerkotla, District Sangrur, with an opportunity of personal hearing before Hon'ble Chairman of the Board.
2. Show cause notice for violation of the provisions of the Water Act, 1974 & the Air Act, 1981 may be issued to M/s Hira Rice Mills, Amargarh, Tehsil Malerkotla, District Sangrur, with an opportunity of personal hearing before Hon'ble Chairman of the Board.
3. Legal opinion in the case of M/s Hira Rice Mills, Amargarh, Tehsil Malerkotla, District Sangrur may also be taken from Senior Law officer of the Board for initiating legal action against the industry (M/s Hira Rice Mills) alongwith its responsible persons.
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