JUDGMENT

K.M. Joseph, C.J. (Oral)

Appellant is the writ petitioner. The writ petition was filed calling in question Annexure -5, which is notice dated 6th June, 2018 purported to be issued under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred as the “Act"). There is a direction sought to respondent no. 2 to collect the sample from the outlet and examine the same and, after that, pass appropriate order.

2. Briefly put, the case of the petitioner is as follows:

Appellant Company is working from last 5-6 years. The appellant applied for consent to operate, which is pending. By Annexure-1 to the writ petition dated 08.01.2018, a letter was received, in which certain conditions were mentioned for taking consent from the Pollution Control Board and it was also mentioned therein thereafter that after receiving letter dated 08.01.2018, a show cause notice be submitted within 30 days before the Authority concerned. Appellant submitted his reply and clarified all the things by Annexure-2. Respondent no. 2 issued another show cause notice (Annexure-3) and in the said notice, it was mentioned that some irregularities were found in the plant and plant was not functioning as per the norms prescribed by the Authority. Appellant gave Annexure- 4 reply dated 22.05.2018. It is thereafter that Annexure-5 letter dated 06.06.2018 was issued which reads as follows:

“Ref: UEPPCB/HO/Con-M-11(II)/2018/4115 Dehradun, June 06, 2018

By Speed Post

To,

M/s Multiwal Duplex Pvt. Ltd.,

Vill. Gangapur Gusain,

Kundeshwari Road, kashipur,

Distt. U.S. Nagar (Uttarakhand).

Directions under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974.

WHEREAS, the Central Government has made the Water (Prevention and Control of Pollution) Act, 1974 and vide provisions of theis Act every Water polluting industry/unit is required to obtain consent to establish and consent to operate from the State Pollution Control Board; and

WHEREAS, the Central Government has notified the standards for discharge of environmental pollutants from various categories of industries under the Environment (Protection) Rules, 1986; and

WHEREAS, M/s Multiwal Duplex Pvt. Ltd., located at Vill. Gangapur Gusain, Kundeshwari Road, Kashipur, Distt. US Nagar, Uttarakhand (hereinafter referred as ‘the Unit') is a duplex board manufacturing Unit using waste paper asa raw materials with a production capacity of 900MT/month; and

WHEREAS, consolidated consent and authorization (CCA) of the Unit was refused on 26.12.2017 (letter issued on 08.01.2018) due to non-compliance of provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Environment (Protection) Rules, 1986 as amended and directions issued by the Board time to time; and

WHEREAS, direction was issued to the Unit by this Board under section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 vide letter ref. no. UEPPCB/HO/Gen-334/2012/4066-6465(1-33) dated 01.08.2014 for implementation of “Charter for Water Recycling and Pollution Prevention in Pulp and Paper Industries in Ganga river Basin" wherein amongst others, emphasis has been given in up-graded as well as proper operation and maintenance of Effluent Treatment Plant and recycling of treated water in industrial uses; and

WHEREAS, in view of Magh Mela, the Board has issued necessary notices, vide its letter ref. No. UEPPCB/HO/Gen-93(VIII)/2017/6216-1146 dated 22.11.2017 to all Grossly Polluting Industries (GPI) operating in the State of Uttarakhand for proper operation of Effluent Treatment Plant and not to discharge any kind of untreated/partially treated/coloured effluent into the rivers/water bodies; and it was also mentioned that in case of non-compliance, action would be taken under section -33(A) of the Water (Prevention and Control of Pollution) Act, 1974, without any further notice or prior information against the defaulting Unit(s); and

WHEREAS, the Unit was inspected by the Joint Inspec