Tribunals and CommissionsFull Bench(2021) 11 NGT CK 0028

M/s Maha Dadaji Dying Company vs Rajasthan State Pollution Control Board & Ors

National Green Tribunal · Decided on 24 November 2021

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Dr. Nagin Nanda, EM
RESULT
Disposed Of
CASE NUMBER
Appeal No. 32 Of 2016

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Judgment

5 paragraphs · 229 words
1.

This appeal has been preferred against order of the Rajasthan State PCB requiring the appellant to deposit security amount of Rs. 2 Lakhs as a condition for grant of consent to establish in the light of order of this Tribunal dated 04.11.2015 requiring such deposit if water consumption slab is upto 50 KLD.

2.

Grievance of the appellant is that there is no water consumption involved in the unit of the appellant and therefore, order of this Tribunal requiring deposit of security is not applicable.

3.

Vide order dated 16.08.2016, the Tribunal directed the State PCB to submit a report and also directed that the order of the State PCB will be kept in abeyance till further order. The appeal was disposed of except for consideration of the report.

4.

In pursuance of above, the State PCB filed its report dated 30.09.2021 which merely states that there is no water polluting machinery and there was no plant and machinery. The report of the PCB is not relevant on the issue of whether water consumption is involved or not.

5.

In view of above, the matter is finally disposed of with the clarification that if no water consumption is involved, order dated 04.11.2015 passed by this Tribunal requiring deposit of security is not applicable. The State PCB may accordingly take further decision in the matter in accordance with law.