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Judgment
This application seeks enforcement of order of this Tribunal dated 30.03.2022 requiring the State PCB to consider the representation of the appellant for revoking order of closure on suitable conditions, if violation was not continuing. The said order is reproduced below:-
“1. This appeal under Section 16 of the NGT Act is against order of the U.P State PCB dated 11.02.2022, directing closure of the appellant unit under section 33A of the Water (Prevention and Control of Pollution) Act, 1974 for stopping access to the inspection team authorized by the CPCB in violation of Section 23 of the Water Act.
We have heard learned Counsel for the appellant and perused the record available.
Main ground to challenge the impugned order is that there is valid explanation for the violation alleged. The concerned officer in question was new to the job and took time in communicating with the head office by which time the inspection team left the place.
We are unable to accept the submission. Violation remains undisputed in view of averment in para 19 of the memo of appeal. It is not the appellant’s case that the inspection team did not have authority to enter for inspection. Once it is so, the explanation furnished cannot be accepted. Such self-serving plea, if allowed, can always defeat the mandate of the statute.
It is next submitted that the closure cannot be for indefinite period and the appellant be allowed to represent to the State PCB to revoke closure order on suitable conditions, there being no continuing violation.
Course of action suggested is always open to the appellant in accordance with law for which no particular direction is necessary.”
In the execution application, the grievance is that even after almost one month of the order, the State PCB is not considering the matter. On our asking, Shri Pradeep Mishra, who usually represents the State PCB and who is present before the Tribunal, appears for the State PCB and states that he will convey to the State PCB to take decision in the matter expeditiously, preferably within one week from today.
In view of above, the application is disposed of.
A copy of this order be forwarded to the State PCB for compliance by e-mail.