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Judgment
The Regional Director, Central Pollution Control Board (South), Mr. S. Suresh filed an affidavit for the Central Pollution Control Board (CPCB) pursuant to the order passed by the Tribunal on 17.05.2017. The affidavit discloses that though show cause notices under Section 5 of Environment (Protection) Act, 1986 for installation of online effluent and emission monitoring system and connectivity to CPCB / SPCB were issued, subsequently, the directions were revoked for the units which have installed OCEMS and connected with CPCB server. These appellants are units which have installed OCEMS and provided connectivity with CPCB server.
The affidavit therefore establishes that the show cause notices issued to these appellants which are challenged in these appeals are now no more in force, pursuant to the compliance of the directions by the appellants. Therefore nothing survives in the appeals.
The learned counsel appearing for the appellants submitted that as the CPCB has reserved the right to take action under Section 5 of Environment (Protection) Act, 1986, it may be observed that no action be taken without granting opportunity to the units before passing closure orders. In law, if there is any violation of the rules or non compliance of the conditions, in the Consent to Operate, the CPCB / SPCB is entitled to take action in accordance with law. When an action is to be taken in accordance with law, it should satisfy in the test of natural justice. It implies a reasonable opportunity granted to the units before passing adverse orders.
In the light of these facts, the learned counsel appearing for the appellants submitted that the appeals be disposed.
Therefore, the appeals are disposed accordingly, with no order as to costs.