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Judgment
Prayer in this application is for a direction to the U.P State PCB to permit the applicant, M/s GBA Steels & Metals Pvt. Ltd. to operate during night hours also.
The applicant has referred to earlier order of this Tribunal dated 20.04.2022 in O.A No. 275/2021, Raghuvar Singh & Ors. v. CPCB & Ors. filed against the present applicant for pollution which was found established by the report of the joint Committee, leading to direction for remedial action as follows:-
“1. Accordingly, a report has been filed by the joint Committee on 15.01.2022, acknowledging violations, including use of prohibited fuel as well as illegal extraction of ground water. The State PCB revoked the consents under the Air Act on 21.10.2021. As against the said report, the Project Proponent (PP) has filed its response disputing the use of ground water as well as use of prohibited fuel. However, the response does not dispute the revocation consent under the Air Act. It is also not disputed that in the past, steel wire washing was taking place, apart from drying of contaminated water with potential of percolation in the ground.
In view of the above, the State PCB may proceed further in the matter in accordance with law for illegal operation of the unit without requisite consent as well as also for the past violation, as mentioned above. The industry in question need to remain closed till compliance is secured in respect of operating on ZLD, storing rejects/concentrate in lined percolation proof tank, its periodic safe handling and disposal. Gaseous emissions, particularly in night hours of operation, be monitored. In absence of data on source emissions, the unit may be restricted in operating hours, not permitting operation in night hours.
The Application is disposed of.”
Since application before this Tribunal under Sections 14-15 of NGT Act is maintainable only at the instance of victim of environmental violation, the application as such cannot be entertained.
Moreover, the direction of the Tribunal quoted above was applicable only till compliance which according to the applicant has now been ensured. If it is so, there is no bar to the State PCB looking into the matter and taking appropriate decision in accordance with law. If the applicant is aggrieved by the action or inaction of the State PCB, it is at liberty to take remedies in accordance with law.
The Application is disposed of accordingly.