NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
ADARSH KUMAR GOEL, CJ, SHEO KUMAR SINGH, J, SATYAWAN SINGH GARBYAL, EM, NAGIN NANDA, EM
Pramod Kumar Sharma – Appellant
Versus
Uttarakhand Environment Protection and Pollution Control Board – Respondent
Original Application No. 61/2020 (I.A. No. 123/2020)
| Table of Content |
|---|
| 1. concerns regarding environmental violations. (Para 1 , 2) |
| 2. observation of ongoing non-compliance with legal norms. (Para 3) |
ORDER
1. Grievance in this application is against violation of environmental norms by Surendra Sharma s/o Sh. Sukhveer Singh at Haridwar in operating motor repair work shop in violation of order of the Uttarakhand Environment Protection and Pollution Control Board (UEPPCB) dated 29.06.2019 and 04.07.2018 on account of violation of Air (Prevention and Control) of Pollution Act , 1981 and the Water (Prevention and Control) of Pollution Act , 1974.
2. A factual and action taken report was sought from the UEPPCB vide order dated 18.03.2020. Accordingly, report has been filed on 22.12.2020 as follows:-
“1. Unit was inspected by Regional Office, Roorkee District Haridwar on dated 14-07-2017 and reported that:-
a. At the time of inspection, the automobile service stations were found in operation.
b. At the time of inspection, only automobile mechanical work was being carried out and there was no washing process in done.
c. Unit is operating without obtaining consent from Board.
d. At the roof of unit the tower of Reliance Jio is established.
The unit was directed vide letter no. UEPPCB/ROR/Gen- 07(220)/2017/616 dated 29-07-2017, but unit has not compiled the above. Subsequently the Uttarakhand Pollution Control Board has issue show cause notice vide letter no. UEPPCB/HO/Con-S- 434/2017/1488 dated 22-12-2017. The copy of the show cause notice annexed at Annexure-01.
2. The Regional Office, Uttarakhand Pollution Control Board, Roorkee again inspected the unit on dated 03-04-2018 and made the following observation:
a. At the time of inspection workshop found in operation.
b. In the workshop mechanical and denting work is done.
c. Washing work is not done in workshop.
d. DG set is not found installed.
e. Workshop is in the residential area and has not applied for consent.
In view of above, Uttarakhand Pollution Control Board has issue closure notice to unit under section 33-A of Water (Prevention and Control of Pollution) Act, 1974 and Section 31-A of Air (Prevention and Control of Pollution) Act, 1981, vide letter no. UEPPCB/HO/Con-S-434/2018/555 dated 29-06-2018. The copy of the place annexed at Annexure -02.
3. The Regional Office, Uttarakhand Pollution Control Board, Roorkee has visited the side on dated 22-07-2019 and made the following observation:-
a. At the time of inspection only automobile mechanical work found carried out and there was no washing process being done.
b. The power supply of the unit is disconnected by the electricity department Subsequently the closure order was revoke vide letter no. UEPPCB/110/Con-S-434/2019/109 dated 01-10-2019. The copy of the place annexed at Annexure -03.
4. In compliance of the Uttarakhand Pollution Control Board, Head Office letter dated 22-09-2020, the Regional Office, Uttarakhand Pollution Control Board, Roorkee has reported that the unit has not obtained consent to operate from the Board and is engaged in painting process without permission of the Board. In view of violation of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, the Board has imposed Environmental Compensation of Rs. 3,88,500/- (Three Lakh Eighty Eight Thousand Five hundred only) vide letter no. UKPCB/HO/Con-S-434/2020/43 dated 22-12-2020 the copy of the letter enclosed at Annexure -04.”
3. In view of the above, the UEPPCB may take further steps in the matter in accordance with law. The application is disposed of.
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