| File Note: |
As per record the SC was granted consent to operate under valid up to 30.06.2018. A Civil Writ Petition filed in High Court as Surmukh Singh V/s The State of Punjab & Others. As such, a sub- committee of officers of 05 Departments was constituted by the SDM, Mukerian. The GM, DIC informed that stone crusher is required to be shifted at some other place in compliance to the orders of High Court. The SC was issued directions under Air Act and SCN for revoking of consent granted under the Air Act and Water Act with hearing. and it was decided that –
• The industry shall take all necessary steps to close down its operations and to remove the entire plant and machinery from its present site by 13/08/2015.
• The directions u/s 33-A of Water (Prevention & Control of Pollution) Act, 1974 as amended in 1988 and 31-A of the Air (Prevention & Control of Pollution) Act, 1981, as amended in 1987 be issued to PSPCL to disconnect the power supply to the stone crusher, in case it fails to shift the plant and machinery from existing site, before 13/08/2015.
• The directions be issued to G.M. DIC Cum-Mining Officer, Hoshiarpur to cancel the registration of the stone crusher, in case it fails to shift the plant and machinery from existing site, before 13/08/2015 and to seal the plant and machinery of the stone crusher to ensure that the crusher is not operated on or after 13/08/2015.
• The EERO Hoshiarpur shall review the consent granted under Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981, 02-months before 13/08/2015 and also submit the latest status report of the stone crusher alongwith recommendations to confirm the directions issued under Water Act and Air Act and to concerned departments for compliance of directions, well before the date fixed for removal & shifting of plant and machinery from its present site i.e., 13/08/2015.
Direction was issued by Zonal office Jalandhar to seal the plant and machinery of the stone crusher. In compliance to this, stone crusher was sealed by Regional office office.
The stone crusher was again visited by RO on 03.03.2017 and reported that
1. The project proponent has installed new machinery at the site for the operation of the stone crusher and old machinery was removed from the site. There was one no. jaw crusher, two no. screeners and one rotopactor. The stone crusher was not in operation at the time of visit.
2) No seal was available on the machinery. The one no. DG Set was lying at the site without canopy.
3) The stone crusher was found operating in khasra nos. other than the khasra no. for which the NOC was obtained.
The stone crusher filed an appeal before the Appellate Authority against the directions issued under Water Act and Air Act and the same was disposed off by Appellate Authority with decision as follows:
- 1) After hearing the counsel for the appellant, the officer of the Punjab Pollution Control Board and examining the report forwarded by the office of Deputy Commissioner, Hoshiarpur, I have reached the conclusion that the No Objection Certificate, change of land use certificate and Environmental Clearance i.e. registration of GM-DIC for the specific khasra numbers on which the appellant stone crusher is presently located has not been approved or granted in favour of the appellant and in the given circumstances, the appellant stone crusher cannot be allowed to continue at the present location. The appeal is, therefore, rejected.
2) If the appellant desire or want to operate the stone crusher at the present location, he shall obtain the change of land use (CLU) certificate from the District Town Planner and Environmental Clearance –cum- registration of GM-DIC besides the requisite NOC from the office of Punjab Pollution Control Board for the specific khasra numbers, where the stone crusher is presently located.
In compliance to above, the Zonal Office directed Regional office to seal the the plant and machinery of the unit and same was sealed on 30.10.2017.
Now the stone crusher has applied for consent to operate under Water and Air Act..
The stone crusher has submitted CA Certificate, request letter for de-sealing, NOC from DTP, Hoshiarpur for setting up of stone crusher at khasra no. 1816, 1817, 1819 & 1820 (area 11 kanal 9 marla), letter from SDM, Mukerian regarding distance from various points as per siting guidelines, undertaking regarding proprietorship, akash chijra, jamabndi, copy of registry, letter from Forest Department regarding de-listing of site under section 4 & 5 of PLPA, approved building plan, mining agreement. The stone crusher was visited by the AEE of RO on 02.05.2018 and observed that stone crusher was not in operation. The earlier sealed jaw crusher and rotopactor were found sealed. The stone crusher has started the plantation around the periphery and along the ramp area. The stone crusher has installed sprinklers along the ramps and around the periphery. The crusher has already constructed 3 chambered settling tanks with re-circulation pump. The stone crusher has provided conventional chutes at the end of conveyors. No DG set was found at the site. The stone crusher has stabilized the movement area with gravel. The industry has installed one jaw crusher, one rotopactor and two vibrating screens. The jaw crusher and rotopactors was found enclosed with the MS Sheets. The representative of the stone crusher has informed that the DG Set of capacity 250 KVA is to be installed, which will be with canopy and adequate stack height.
Vide report of the SDM, Mukerian the stone crusher is complying with the siting guidelines framed by the Board. The registration of the Mining Department can be given only after the grant of consent to operate under Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981. The stone crusher has complied with the decisions of the Hon'ble Appellate Authority dated 03.08.2017 and has obtained CLU/NOC from DTP and has applied for consents of the Board for the new location (khasra no. 1816, 1817, 1819, 1820 at which the stone crusher was earlier operating without consents and CLU.
Regional office recommended that :-
1) consent to operate under Water & Air Act may be granted to the stone crusher for six months with special conditions that the stone crusher shall get itself registered from GM-DIC, Hoshiarpur.
2) The plant and machinery of the stone crusher may be de-sealed.
It is submitted that this office has received complaint on 10.05.2018 through e-mail from Yograj Sharma, State President, Shiv Sena, Pathankot Office (attached as view letter) regarding the illegal establishment of Stone Crusher and requested to constitute a team for the verification of siting guidelines of the stone crusher.
If approved Regional office may be asked to verify the contents of the complaint at site personally and submit detailed report with photographs and supporting documents alongwith recommendations so that further action in the matter may be taken. (Comp:SEE)
|
