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Judgment
Grievance in the application is against clearance granted by the State PCB for setting up of a Carcass Utilization Plant at Nurpur Bet, District Ludhiana, Punjab by Respondent No.05 - Modern Carcass Utilization Plant, ESS DEE Enterprises, Greater Noida.
According to the applicant, installation of such plant will adversely impact the environment, lives of inhabitants and the livestock. The site is surrounded by inhabitation of our villages, school, temple and factory and as such would cause health hazard and pollute the environment.
We have heard learned counsel for the applicants and perused the record. We are of the view that no case is made out for interference by the Tribunal.
The applicants have stated that earlier carcass disposal activity was at a different site but as a result of order of this Tribunal dated 15.04.2021 in O.A No.465/2019, Kulwinder Singh Sandhu & ors v. Ram Murti & Ors, the said activity is being shifted to the present site. We find that in the said matter, the Tribunal considered grievance of crude and unscientific carcass disposal at Village Ladhowal, District Ludhiana. The Tribunal also considered the report of the CPCB on the subject of Guidelines for Scientific Handling of Carcass as well as remedial action to redress the grievance raised in the said matter. The Tribunal disposed of the application by following directions:
"7. We are of the view that CPCB also needs to look into the lay down siting criteria for location of Carcass management facilities in deep burial method. It may also lay down standards for treated effluents, solid waste and air emissions which may be required to be incorporation as consent conditions by State PBCs/PCCs. Such modified guidelines may be issued within two months and compliance by State PCBs/PCCs may be periodically monitored.
The report of the State PCB dated 13.04.2021 is that the Monitoring Committee visited the site 27.11.2020 and found 45% was construction completed and rest was to be completed till 28.02.2021. The Monitoring Committee made the following recommendations:-
"i. The construction work of Modern Carcass Plant should be completed by 31.12.2020. The machinery should be installed by 31.01.2021 and the plant should be commissioned by 28.02.2021, failing which Environmental Compensation double the amount as already imposed by the Monitoring Committee shall be imposed.
ii. The Concessionaire shall install and commission effluent treatment plant and other solid waste management plant simultaneously along with the commissioning of the main plant.
iii. There shall be no discharge from the plant and the same shall be utilized/recycled within the premises of the main plant.
iv. The Concessionaire shall plant at least 03 rows of broad leaf trees to attenuate air pollution any gaseous emission generated during the operation of main plant by 31.01.2021.
v. The Concessionaire shall obtain permission from the concerned authority for the abstraction of ground water before commissioning the main plant.
vi. The Concessionaire should ensure that there shall be no obnoxious odour and nuisance in the area with the operation of the main plant."
The applicant has also filed DPR in respect of the project in question which states that the site in question was duly approved by the Municipal Corporation after considering all the major factors.
According to the applicants, the Punjab State PCB granted its approval on 16.01.2015 and the State has given subsidy for the plant as per its scheme dated 29.09.2014. The applicants filed Writ Petition (Civil) No. 8363/2016 before the High Court of Punjab and Haryana against the scheme dated 29.09.2014 for setting up of such plants which was dismissed on 22.05.2017 by the Single Bench of the High Court, which order was affirmed by the Division Bench of the High Court on 24.11.2017 in LPA No. 2247 of 2017. Thus, the matter having been considered by the High Court and the site selection have been duly approved by the statutory authorities, no case is made out for interference by this Tribunal.
We have noted that there is no allegation of violation of environmental norms in running of the plant. Needless to say that the plant has to be operated consistent with the environmental norms and if there is any violation, the affected parties are free to take remedies in accordance with law.
The Application is disposed of.