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Judgment
This Appeal has been preferred against the order of the Appellate Authority under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 dated 03.02.2022, setting aside of the order passed by the Haryana State PCB directing closure of the mineral grinding powder unit of the respondent and also revoking the CTO.
According to the State PCB, the unit was required to provide plantation on 33% of the land as per the consent conditions but the said condition was not followed. The unit also dumped waste unscientifically. Air pollution control machine (APCM) installed was not adequate to control air pollution and thus, fugitive dust was resulting in air pollution.
On appeal by the unit, the Appellate Authority held that the Board should have got re-inspection/re-sampling done and set aside the order of the State PCB is as follows: -
“6. I have gone through the memo of appeal, case file and the averments made by both the parties. In fact, the Board should have considered the request of the appellant unit as per the Boards’ policy for re-inspection/re-sampling and get it analysed from the Lab before passing closure order. It is evident that Board has failed to follow its own policy before passing the closure order.
In view of the above, the appeal of the appellant unit is allowed and orders dated 01.12.2020 is set aside. The Board is directed to re-inspect the unit and collect sample afresh and get the sample analyzed from the authorized lab and only inspection report/analysed report conducted in compliance of this order shall be considered by the Board while passing afresh order and no action on the basis of earlier inspection report shall be taken by the Board.”
Learned counsel for the appellant submits that the earlier policy of re-sampling is no longer in force. Moreover, serious violations of consent conditions are undisputed as plantation required has not been done and air pollution is clearly established which were also reported to the Tribunal in O.A No. 599/2019, Bishamber Singh v. State of Haryana & Ors. Accepting the same, this Tribunal directed remedial action which fact has been ignored by the Appellate Authority.
In view of above, we find prima-facie case in favour of the appellant. The Appeal is admitted. Issue notice to the respondent. The Appellant may serve a set of papers on the respondent and file an affidavit of service within one week.
List the Appeal for final hearing on 22.07.2022.
Pending further consideration, the impugned order is stayed.
I.A No. 142/2022 for exemption from filing certified copy is allowed.