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Judgment
Learned counsel appearing for the appellant submitted that the direction given by the Telangana State Pollution Control Board (TSPCB) would be complied with by the industry and in fact the industry has complied with the directions and submitted a report to the TSPCB on 18.05.2017 and therefore the TSPCB be directed to inspect the unit and the appellant be permitted to operate as the appellant has complied with all the directions.
Learned counsel appearing for the appellant also submitted that if any deficiencies is noted, it can be specifically informed to the appellant at the time of inspection itself and the appellant will comply with the directions within a reasonable time and the appellant be permitted to operate.
Learned counsel appearing for the TSPCB submitted that appellant has not complied with the directions and if the appellant is complying with all the directions, the TSPCB has no objection for permitting the appellant to operate.
In the light of the submissions it is agreed to by both the parties that the appeal be disposed. In such circumstances, the appeal is disposed as follows:
The TSPCB shall inspect the unit tomorrow (20.05.2017) itself in the presence of the representative of the appellant unit. If on inspection it is found that the directions are all complied with, the unit shall be permitted to operate. If it is found that some minor deficiencies are yet to be complied with, the unit shall be directed to comply with the deficiencies within a period of seven (7) days from that date and on the 8th day or any other earlier day if the appellant request for an inspection reporting compliance, the TSPCB shall inspect the unit again and if it is found that the unit has complied with the directions, the unit shall be permitted to operate. On the other hand, if it is found that the unit is still not complying with the directions, the unit shall be closed forthwith. In that event, the appellant is entitled to cure the deficiencies and apply before the TSPCB for further inspection at their cost and based on the result of the inspection, the TSPCB shall proceed to act in accordance with law.
The appeal is disposed accordingly with no order as to costs.
