The National Green Tribunal, Principal Bench, dated 30th November 2020, directed the Punjab Pollution Control Board to submit a report on a plea against the illegal operation of an automobile unit at Ahmedgarh city in Sangrur district.
Brief Facts
The application was filed by Daljit Kaur against the illegal operation of M/s H.S Automobile at Ahmedgarh District, Sangrur, Punjab. According to the Applicant, the unit was being operated in a residential area without ‘Consent to Establish’ and ‘Consent to Operate’ under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. There were earlier orders of this Tribunal against the said unit but the unit was operating by changing the name. It had been causing pollution since 2011. Also, the Punjab PCB issued a notice dated pointing out the illegal operation of the unit but no further action had been taken.
Arguments
The Applicant argued that the automobile violated the notice given by Punjab PCB.
The Applicant contended that the automobile violated the norms under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
Analysis
The new units after putting in their project, were under compulsion to obtain consent to operate under Water Act, 1974 and Air Act, 1981 before starting even subsequent production. No separate trial consent would be granted. First consent to operate would include subsequent consent. Above mentioned industrial units need to apply for consent to operate through Online Consent Management and Monitoring System (OCMMS) under the provisions of the Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.
Court’s Observation
After hearing the contentions of the Applicants, The NGT observed and said that they would not issue a notice to the unit at the stage as they would first obtain the information from the State PCB about the facts and then the Bench would take action in exercise of statutory powers of the State PCB.
Court’s Decision
The Bench headed by Justice AK Goeal, in its order, directed the Punjab State PCB to furnish a factual and action taken report in the matter.
The Bench directed the Applicant to serve a set of papers on the State PCB and file an affidavit of service within one week by email.
Click here to view the Judgement.
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