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Judgment
This Original Application has been filed for the following relief:-
“a)Direct/order closure of the Saw Mill and Iron net and barricading unit consenting without Consent to operate under Water Act, 1974 and Air Act 1981.
b) Direct the relocation of the saw mill from the residential area to an appropriate location in accordance with Directions of the Hon’ble Supreme Court in C.W.P. No 202 of 1995;
c) Impose environment compensation for illegal operation of the Saw Mill and Iron net and barricading unit;
d) Direct closure of the saw mills operating in violation of Uttarakhand Establishment and Regulation of Saw Mills (Sixth Amendment) Rules, 2017.”
Contention of the learned Counsel for the applicant is that Saw Mill and Iron net and barricading unit is in operation illegally in a residential complex by one Mr. Munendra Singh Matura in the middle of the residential area adjacent to houses and Government Women Hostel at Gyansu in Uttarkashi District, Uttarakhand. The Saw Mill continuously runs throughout the day and at night, generating enormous noise from the woodcutters and the saw dust from the woods is causing huge pollution in the pristine and clean environment of the neighbourhood. Further, Mr. Munendra Matura, instead of closing down the illegal Saw Mill started another illegal activity i.e. Iron net and Barricading unit at the terrace of his residential complex. The Iron net and barricading activity not only causes enormous noise but also emits poisonous fumes from the welding activity which is entering the home of the Applicants and adversely affecting the health of the people residing therein.
The matter has been taken up by this Tribunal on 12.09.2022 and the Regional Officer, Uttarakhand State PCB was directed to submit a report. Notices were also issued to the respondents to submit their reply.
In compliance thereof, CPCB (Respondent No. 2) has filed the reply as follows:-
“1……..As per categorization of industrial sectors "Saw Mills" has been categorized into "Green" category under S. No. 42 of Final Document on Revised Classification of Industrial Sectors. A copy of CPCB direction dated 07.03.2016 along with details of CPCB categorization is enclosed at Annexure-1. Further, Industrial units covered under Red, Orange, Green categories are not 'allowed to operate without prior permission of State Pollution Control rioards (hereinafter referred to as "SPCBs") and Pollution Control Committees (hereinafter referred to as "PCCs"). SPCB is the regulatory agency for pollution control in the state and to issue Consent to Establish (hereinafter referred to as "CTE") and Consent to Operate (hereinafter referred to as "CTO") for any industrial establishment.
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9…….Respondents No. 6 and 7 have established a saw mill and also there is a setup on the roof of the house for manufacturing iron net and barricading and that after report of Tehsildar the iron net and barricading unit was stopped but the saw mill continued to operate. In reply, it is submitted that matter is related to Tehsildar, Bhatwadi, Uttarkashi report dated 23.03.2017 and is a matter of record and need no comments from this answering Respondent No. 2.
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22……CPCB vide letter dated 07.03.2016 directed all SPCBs/PCCs under section 18(1)(b) of the Water Act, 1974 and Air Act, 1981 to adopt CPCB categorization along with Final Document on ReVised Classification of Industrial Sectors under Red, Orange, Green and White Categories wherein scoring methods have been explained to categorize the industrial sectors into Red, Orange and Green Category.
As per categorization of industrial sectors "Saw Mills" has been categorized into "Green" category under S. No. 42 of aforesaid Final document on Revised Classification of Industrial Sectors and Green categories of industries comes under the purview of consent mechanism. It is further submitted that SPCB is the sole responsible authority for issuance of CTE and CTO for any industrial establishment in the state and to prevent environmental pollution in the state. Local authorities and SPCB are the concern authorities to take necessary action the instant matter.
It is further contented that in case of violation, it is the State PCB to take further initiation and take remedial actions.
Uttarakhand State PCB has submitted a reply with the facts that that the Regional Office, vide letter dated 17.11.2022 directed to M/s MS Trading Company Saw Mill that in case of non compliance of rules, the Unit shall stop the production/ manufacturing operations until the unit obtained CCA from the Board; otherwise action shall be initiated against the Unit under section 33(Air of the Water Prevention and Control of pollution Act, 1974 and Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981. The noise level is found higher than the prescribed norms as monitored by officials of UKPCB on dated 27-09-2022. The matter was forwarded to Executive Officer, Nagar Palika Parishad, Badahat, Uttarkashi for taking cognizance in accordance with the notification issued by G.O. on dated 09-06-21, this letter was sent on 30-09-2022. The Regional Officer (Dehradun) wrote a letter dated 17.10.2022 to DFO, Uttarkashi with recommendation if the unit is operating probably without permission of Forest Department, than action may be taken against the said unit. A true copy of the Office order dated 17.10.2022 is annexed herewith as Annexure-6.
By filing the reply, learned Counsel for Respondent Nos. 6 and 7 have submitted that the present application has been filed malafidely and without any ground. It is further submitted that the answering respondents using the cheer and Devdar wood (Himalayan Subtropical pine tree) to run its unit and the said wood due to the present of oil in it does not create any dust pollution.
Further action taken report has been filed by State PCB with the facts that a Saw Machines was not found operational and it has been sealed in the presence of the representative of the Mill. It is further argued that the structure has been demolished. Since, the action has been taken by the State PCB by demolishing and closure of the unit and by dismantling the structure, thus, no further action is required to be taken by the Tribunal.
The Original Application stands disposed of accordingly.
I.A. No. 25/2023 will also stand disposed of accordingly.