Orissa High Court
M/S Columbia Petrochemicals vs State Of Odisha & Ors. .... Opposite ... on 6 February, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24681 of 2023
M/s Columbia Petrochemicals, .... Petitioner
Rayagada
Mr. S. K. Dwivedy, Adv.
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. D. Mund, A.G.A.
Mr. B. P. Dash, Adv.
(for O.P.3)
Mr. P. K. Nanda, Adv.
(for O.P.4)
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 06.02.2024
No.
04. 1. This matter is taken up through hybrid
arrangement.
2. The Petitioner has filed this Writ Petition challenging the order dated 11.07.2023 passed by the Opposite Party No.3/Member Secretary, State Pollution Control Board, Bhubaneswar, wherein the Petitioner's application dated 07.02.2023 for renewal of the authorization for collection, receipt, transportation and utilization of waste oil and used oil was rejected.
3. Heard learned counsel for the Parties. Page 1 of 4
// 2 //
4. The brief facts of the case is that the Petitioner/Industry is engaged in the business of waste disposal services at Indian Ports in the field of waste management services like sludge oil, bilge water, slop discharge as well as buying condemned (scrap) materials and also safely discharge sludge (garbage) from vessels. The Petitioner operates across India at various Ports. The Petitioner possesses a valid certificate from West Bengal Pollution Control Board, wherein consent to operate under Section 26 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 and Authorization/Renewal of Authorization under Rule 6 of the Hazardous & other Waste (Management & Transboundary Movement) Rules 2016 was granted. The Petitioner was operating since 2012 in the State of Odisha vide authorization for collection, receipt, storage and transportation of hazardous waste and the authorization was renewed from time to time till 24.03.2020. The authorization was expired on 31.03.2023. However, as per the provision of Rule 6 of the Hazardous & other Waste (Management & Transboundary Movement) Rules 2016, the Petitioner vide application dated 07.02.2023 applied before the Opposite Party No.2 for renewal of Page 2 of 4 // 3 // authorization and paid required fees for five years. However, the Opposite Party No.2/Chairman, State Pollution Control Board, Bhubaneswar sat over the application without renewing the authorization. Finding no other alternative, the Petitioner had approached this Court through W.P.(C) No.18069 of 2023. This Court vide order dated 06.06.2023 directed the Opposite Party No 3 to take decision within one month. However, the Opposite Party No.3 vide order dated 11.07.2023 without giving any reasonable opportunity of hearing has also rejected the application of the Petitioner for renewal of authorisation.
5. Learned counsel for the Petitioner submits that in the light of the Judgment dated 10.11.2023 passed by this Court in W.P.(C) No.7562 of 2023, the State pollution Control Board, Odisha vide office order dated 26.12.2023 has waived off all the restrictions from the board on issuance of Consent to Establish (CTE) and Authorization for Hazardous Wastes Recycling Industries/Actual Users under Hazardous and other wastes (Management and Transboundary Movement) Rules, 2016.
6. Learned counsel for the Petitioner further submits that similar renewal applications of different Companies Page 3 of 4 // 4 // have been considered by the Opposite Party Nos.2 and 3/State Pollution Control Board, Odisha.
7. In such view of the mater, the Petitioner is directed to approach the Opposite Party Nos.2 and 3/State Pollution Control Board, Odisha along with the certified copy of this order and the State Pollution Control Board, Odisha shall reconsider the earlier requisite fees of renewal filed by the Petitioner not later than 29th February, 2024 and pass an appropriate order.
8. Accordingly, the Writ Petition is disposed of.
(Dr. S.K. Panigrahi) Judge Sumitra Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Feb-2024 12:57:33 Page 4 of 4