National Green Tribunal
Natabara Sahu vs Union Of India And Others on 9 December, 2022
Item No. 07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.35/2022/EZ
In the Matter of:
1. NATABARA SAHU,
S/o : Late GurunathSahu,
Aged about 61 years,
Vill/Po :Indrakhi,
P/S: Golonthara - 761008,
District: Ganjam,
State: Odisha
..... Applicant(s)
Versus
1. UNION OF INDIA,
Represented by its Secretary,
Ministry of Environment, Forests and Climate Change (MoEF&CC),
Indira Paryavaran Bhavan,
Jorbagh Road,
New Delhi -110003,
2. SECRETARY,
Ministry of Women and Child Development,
Government of India,
Shastri Bhavan,
New Delhi -110001,
India
3. CHIEF SECRETARY TO GOVT. OF ODISHA,
State Secretariat,
Bhubaneswar,
Pin : 751001,
Odisha
4. Member Secretary,
Central Pollution Control Board,
Parivesh Bhawan,
East Arjun Nagar,
New Delhi - 110032,
India
5. MEMBER SECRETARY,
Odisha State Pollution Control Board,
Paribesh Bhawan,
A/118, Nilakantha Nagar,
Unit - 8,
Bhubaneswar - 751012,
Odisha
1
6. COMMISSIONER-CUM-SECRETARY,
Women and Child Development Department,
Government of Odisha,
State Secretariat,
Bhubaneswar -751001,
Odisha
7. DEPUTY DIRECTOR GENERAL OF FORESTS (C),
Regional Office, Eastern Zone (EZ),
Ministry of Environment, Forests and Climate Change (MoEF&CC),
A/3, Chandrasekharpur,
Bhubaneswar -751023,
Odisha
8. REGIONAL DIRECTOR,
Regional Directorate,
Central Pollution Control Board,
Ministry of Environment, Forests and Climate Change (MoEF&CC),
South end Conclave Block-502,
5th& 6th Floor,
1582, Razidanga Main Road,
Kolkata - 700107,
West Bengal
9. COLLECTOR-CUM-DISTRICT MAGISTRATE,
Ganjam Collectorate,
At/Po :Chatrapur,
Pin - 761020,
Dist: Ganjam,
Odisha
10. DEPUTY DIRECTOR-CUM-FOOD ANALYST,
State Food Testing Laboratory,
Convent Square, Near Ram Mandir,
Bhubaneswar -751001,
Odisha
11. BLOCK DEVELOPMENT OFFICER,
At/Po: Kukudakhandi,
Pin - 761100,
Dist: Ganjam,
Odisha
12. REVENUE DIVISIONAL COMMISSIONER,
Southern Division,
At/Po: Berhampur,
Pin -760004,
Dist: Ganjam,
Odisha
13. SECRETARY,
Sangram Women Self Help Group (WSHG),
At/Po: Jagadalpur - 761001,
P/S: Berhampur Sadar,
District: Ganjam,
Odisha
..... Respondent(s)
2
Date of hearing: 09.12.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Biranchi Narayan Mahapatra, Advocate (in Virtual Mode)
For Respondent(s) : Ms. Amrita Pandey, Adv. for R-2 (in Virtual Mode),
Mr. Shakti Prasad Panda, AGA for State (in Virtual Mode),
Mr. Sibojyoti Chakraborty, Adv. for R-4 & 8,
Mr. Dipanjan Ghosh, Adv for R-5 (in Virtual Mode),
Mr. Jagdish Biswal, Adv for R-13 (in Virtual Mode),
ORDER
1. Mr. Biranchi Narayan Mahapatra, learned Counsel is present (in Virtual Mode) for the Applicant.
2. Affidavit dated 19.09.2022 has been filed on behalf of the Respondent No.2, Ministry of Women and Child Development, Govt. of India; the same is taken on record.
3. We have heard Mr. Biranchi Narayan Mahpatra, learned Counsel for the Applicant and Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) for Respondent No.2, Ministry of Women and Child Development, Govt. of India, Mr. Shakti Prasad Pani, learned Additional Government Advocate appearing (in Virtual Mode) for State Respondents, Govt. of Odisha, Mr. Sibojyoti Chakraborty, learned Counsel appearing for Respondent Nos. 4 & 8, Central Pollution Control Board, Mr. Dipanjan Ghosh, learned Counsel appearing (in Virtual Mode) for Respondent No.5, Odisha State Pollution Control Board and Mr. Jagdish Biswal, learned Counsel appearing (in Virtual Mode) for Respondent No.13, Sangram Women Self Help Group.
4. In this Original Application, the Applicant is seeking a direction for shutting down of the 'Take Home Ration' ('THR' for short) 'Chhatua', Anganwadi Centre, situated at Village-Jagdalpur under Kukudakhandi Block of Ganjam District, Odisha. 3
5. Annexure A/2 (page no. 17 of the paper book), is a letter of the Applicant dated 15.01.2022 addressed to the Revenue Divisional Commissioner, Southern Division, Behrampur, Ganjam District, which refers to the order of the National Green Tribunal, Eastern Zone Bench, Kolkata, dated 26.10.2021 passed in Original Application No. 38/2021/EZ (Natabara Sahu Vs. Union of India & Ors.)
6. So far as the Original Application No. 38/2021/EZ is concerned, we find that the said Original Application has been restored by the Hon'ble High Court of Orissa vide its order dated 22.02.2022 in W.P. (C) No. 35776/2021 (M/s Bajrangabali Womens Self Help Group and Anr. Vs. State of Odisha & Ors.), on the ground that the Private Respondent therein had not been heard when the order was passed.
7. In this view of the matter, we are of the view that the order passed in Original Application No. 38/2021/EZ cannot be relied upon by the Applicant as the same is still pending consideration before the Tribunal and it has also been informed that against the said order of the Hon'ble Single Judge, Orissa High Court, a writ appeal has been filed by the Odisha State Pollution Control Board before the Division Bench, Orissa High Court which is pending consideration.
8. The Respondent No.5, Odisha State Pollution Control Board, has filed its affidavit dated 16.07.2022 bringing on record an Inspection Report of an inspection carried out on 27.05.2022. The observations and findings recorded by the Inspecting Team read as under:-
"ENQUIRY REPORT ON COMPLAINT PETITION FILED BY SRI NATABARA SAHU, AT/P.O.-INDRAKHI, P.S.- GOLANTHARA, DIST-GANJAM AGAINST M/S SANGRAM 4 WSHG, AT/P.O.-JAGDALPUR, KUKUDAKHANDI IN THE DISTRICT OF GANJAM REGARDING ILLEGAL OPERATION OF CHHATUA PREPARATION UNIT AND IMPOSE OF ENVIRONMENTAL COMPENSATION FROM THE PERIOD 2011 TO TILL DATE"
............xxxx..............xxxx............xxxx.............xxxx......... Following observations are made during inspection:
1. The Take Home Ration (THR) Chhatua Plant of M/s Sangram WSHG has been established in the village- Jagdalpur and operating since 2011.
2. The unit has obtained approval from the District Administration, Ganjam for the period 01.04.2022 to 31.03.2023 for preparation and supply of THR (Chhatua).
3. The surroundings of the alleged site include vacant land in North, West & South direction. Panchayat road exists in East direction. Saraswati Sisumandir, Jagdalpur is about 200m in East direction from the alleged site.
4. Gram panchayat office, Jagdalpur is about 400 m in North direction from the alleged site.
5. A Siva Mandir is about 500m in West direction from the alleged site.
6. Following quantity of raw materials are used by the unit as reported by the President of the M/s Sangram WSHG.
RAW MATERIAL DETAILS:
1. Wheat: 31500 kg per month (Approx.)
2. Ground Nut: 6800 kg per month (Approx.)
3. Bengal Nut: 6300 kg per month (Approx.)
4. Sugar: 11800 kg per month (Approx.)
5. Besan: 3900 kg per month (Approx.)
6. Suji: 8100 kg per month (Approx.)
7. Molasses: 700 kg per month (Approx.)
8. Rasi: 50 kg per month (Approx.)
9. Refined Oil: 700 kg per month (Approx.)
7. The detailed quantity of products manufacturing by the unit are as follows PRODUCT DETAILS:
1. THR Chhatua for pregnant mother/lacting mother: 20700 kg per month
2. THR Chhatua for the children: 245000 kg/month 5
3. THR Chhatua for the Severely Under Weight (SUW) (6 months to 3 yrs) - 22 kg/month
4. THR Chhatua for the SUW (3 yrs-6 yrs) - 5kg/month
5. Badam Ladoo-3000 kg/month
6. Suji Halua-15000 kg/month
7. Rasi Ladoo-20 kg/month
8. PRESENT MANUFACTURING PROCESS ADOPTED BY THE UNIT:
The raw materials like wheat, ground nut and Bengal nut are being manually cleaned by the members of the SHG and the coarse particles/foreign materials are being separated by hand picking and sieving. At present wheat, ground nut and Bengal nut were roasted in conventional/manual method by using large round metal pots (Kadhais) by using LPG as fuel. It was reported that the roasting activities is carried only 6-7 days in a month. After roasting the raw material is conveyed to the mechanical screening unit where the foreign material present if any is separated out. as fixed by the District Administration, Ganjam the mixing of above mentioned raw materials are carried out in presence of Govt. Officials on 23rd of every month. The grinding and packaging activity starts from 24th of every month for another 4-5 dyas.
(a) WATER POLLUTION:
The manufacturing process of THR (Chhatua) is a completely dry process and no water is used. However, about 1000 litres of water per day is used for domestic purpose. The domestic waste water of about 800 litres is being generated from premises is discharged to soak it via septic tank.
(b) AIR POLLUTION:
At present roasting is being carried out in conventional/manual method by using large found metal pot by using LPG as fuel under closed shed and over concrete platform. Therefore the potentiality of air pollution is marginal. However, the outlet of milling/grinding machine is fitted with fabric cloth in order to arrest fugitive dust emission during bagging, to the surrounding area.6
(c) SOLID WASTES:
Around 10 kg/day foreign materials, gangue materials is being generated during screening, cleaning process which is disposed of within the own premises of the unit.
9. PROPOSED MANUFACTURING PROCESS TO BE ADOPTED BY THE UNIT:
During inspection the President of M/s Sangram WSHG has informed that they will upgrade the present THR manufacturing unit from converting manual cleaning, roasting method to mechanized process. The proposed process to be adopted by the unit is mentioned as below:
The raw materials like wheat, ground nut and Bengal nut will be mechanically cleaned and the course particles/foreign materials will be separated by hand picking, and sieving. After that the wheat, ground nut and Bengal nuts will be roasted in a mechanical roasting unit which will be heated with firewood as fuel for roasting. Up gradation work has been started and installation of plant and machineries are under process. The roasting process will be operated with a temperature range of 80 to 100 ºC. for hearing purpose about 100-200 kg of firewood will be required. After the completion of roasting, the raw material will be conveyed to the mechanical screening unit where the foreign material present if any will be separated out. the grinding and packaging activity will start after the installation of roasting process. It was reported that the roasting will be carried only 5-6 days in a month. They had not started commercial operation of wood fired roaster. Based on the above manufacturing process, pollution potential and its mitigation measures to be adopted by the unit will be as follows:
(a) WATER POLLUTION:
The manufacturing process of THR (Chhatua) is a completely dry one and no water will be used. Waste water will not be generated from the process. The domestic water will be discharged to soak pit via septic tank.7
(b) AIR POLLUTION:
The plant has started installation of earthen Bhatti with the roasting drum where firewood will be used as fuel. The unit has proposed to install one no. of MS stack of height about 45 feet from the ground level for discharge of smoke. The outlet of milling machine will be fitted with fabric cloth filters in order to arrest fugitive dust emission during bagging.
(c) SOLID WASTES:
About 20 kg/day of firewood ash will be generated from the unit. This ash will be disposed along with the foreign materials generated during cleaning in the compost pit inside its premises.
STATUS OF CONSENT:
In the meantime the unit has applied consent to establish for production of Take Home Ration (Chhatua) through online and deposited consent fees of Rs. 2000/- through online receipt no. 236469833 dtd. 16.07.2012 of Forest and Environment Department, Govt. of Odisha. After scrutiny, the application was found incomplete and accordingly clarification was sought for through online for necessary compliance. The unit also submitted the compliance report, which it was found satisfactory. As the unit has already established and started its operation in conventional method without obtaining prior CTE/CTO from the Board the unit was instructed to deposit pollution charges as per guidelines for levy of pollution charge published by the Board in the year 2007. As per online clarification, the unit has also deposited pollution charges of Rs. 10,000/- (five times of applicable consent fees) which is adequate.
CONCLUSION AND RECOMMENDATIONS:
This is a small scale Orange Category Take Home Ration (Chhatua) Manufacturing unit and it has applied for Consent to Establish and deposited consent fees of Rs. 2000/- through online along with necessary documents to this office. The consent fee deposited by the unit is also adequate as per the Odisha Gazette Notification dtd. 16.07.2012 of Forest and Environment Department, Govt. of 8 Odisha. As the unit has submitted required documents, adequate CTE fees, adequate pollution charges and proposed to install adequate air pollution control measures, consent to establish may be considered in favour of the unit subject to following conditions:
SPECIAL CONDITIONS:
A. GENERAL CONDITIONS:
1. Consent to Establish order is subject to final outcome in the matter of O.A. No. 35/2022/EZ -Natabara Sahu Vs. The Union of India & Others.
2. The unit shall abide by E(P) Act, 1986 and rules framed there under.
3. Land conversion document for industrial use shall be submitted to the Board.
4. The consent order shall be without prejudice to any legal dispute arises in future with respect to the ownership of the land and other land disputes.
5. The industry shall obtain necessary permission from the central Ground Water Authority for consumption of ground water for industrial use if applicable.
6. The Board may impose further condition nor modify the conditions as stipulated in this order may revoke this order in case the stipulated condition are not implemented and/or information is found to have been suppressed/wrongly furnished in the application form.
7. The industry shall abide by the Plastic Waste Management Rules, 2016 and amendment made thereunder.
8. The unit shall pay the differential fees if any as per the Odisha Gazette Notification dtd. 16.07.2012 of Forest and Environment Department, Govt. of Odisha.
9. The industry shall maintain the ambient air noise standards as prescribed in the Noise Pollution (Regulation and Control) Rules, 2010 and amendment made thereunder.
10. No further expansion/modernization shall be carried out by the unit without prior approval from the Board.9
11. Good housekeeping practice shall be followed to imp[rove the work environment.
12. Plantation shall be taken up along its boundary and available vacant spaces in the factory premises.
B. WATER POLLUTION:
1. The unit shall provide a link tank of adequate capacity to store and treat the waste water generated during cleaning if any and utilize the treated waste water for plantation inside the plant premises in compliance of the prescribed water quality discharge standards.
2. Domestic effluent shall be discharged to septic tank followed by soak pit constructed as per BIS specification.
3. In no case waste water of the plant shall be allowed to discharge outside the factory premises.
C. AIR POLLUTION:
1. The unit shall provide a stack of height of 5 ft from the ground level at the roaster so as to disperse the emission properly.
2. The industry shall install suitable air pollution control devices at potential dust generation points.
3. All the milling activities shall be carried out under covered shed and over concrete platform.
4. The outlet of milling machine shall be fitted with fabric cloth filters in order to arrest fugitive dust emission during bagging.
5. The unit shall take steps to install LPG fired roaster/electric roaster in place of wood fired roaster.
6. Height of the stack attached to DG set shall be h+0.2 √KVA h=roof height, where DG set shall be installed and KVA=Capacity of DG set in KVA.
7. The DG set shall be installed in an acoustically designed enclosure to control noise level as per the E(P) Rules.
8. The ambient air quality at the boundary of the factory premises shall conform the National Ambient Air Quality Standard prescribed under E (P) Rule.10
D. SOLID WASTE:
1. Solid wastes generated from the unit shall be properly managed to avoid any environmental nuisance in its surrounding."
9. Annexure-R5/2 (page no. 55 of the paper book), filed along with the affidavit of the Board is a letter dated 15.07.2022 whereby Consent to Establish has been granted to the Respondent No.13 Unit by the State Pollution Control Board, Odisha.
10. Annexure-R5/3 (page no. 58 of the paper book) is another letter dated 15.07.2022 filed with the affidavit, wherein the Respondent No.13 Unit has been directed by the Board to apply for Consent to Operate through online portal of the Board along with necessary documents and fees. This letter further directs that the Unit should not operate mechanized THR manufacturing Unit with firewood based roaster till Consent to Operate is obtained from the Board and report compliance, failing which appropriate action would be initiated against the Unit.
11. The Central Pollution Control Board, Respondent Nos. 4 & 8, has filed its counter-affidavit dated 20.07.2022, stating therein that as per the Central Pollution Control Board 'Final Document on Revised Classification of Industrial Sectors under Red, Orange, Green and White Categories'; Food and Food Processing (including fruits and vegetable processing) units are in 'Orange Category' of industrial sectors (Table G-3, Final Sl. No.7); Flour Mills (dry process) are in 'Green Category' of industrial sector (Table G-4, Final Sl. No. 20).
12. The Applicant has filed rejoinder affidavit dated 11.08.2022, alleging therein that the Unit of Respondent No.13, as per the Board's affidavit dated 16.07.2022, is operating since 2011 till date 11 without a valid Consent to Operate (CTO) which is in violation of the environmental norms and, therefore, the Unit of Respondent No.13 is liable for payment of Environmental Compensation from 2011 onwards.
13. Affidavit dated 20.08.2022 has been filed on behalf of the Collector-
cum-District Magistrate, Ganjam District, wherein it is stated that the Collector had conducted a surprise visit of the THR Chhatua Unit on 23.09.2019 and found some irregularities and violation of norms and guidelines issued by the Government of Odisha, Department of Women and Child Development, Bhubaneswar, and, therefore, a show cause was issued to the Unit of Respondent No.13 vide letter No. 2798 dated 24.09.2019 Annexure-A/9 (page 91 of the paper book) to the affidavit.
14. The letter of the Collector, Ganjam, dated 24.09.2019 shows that the food grains have not been cleaned hygienically during the mixing and, therefore, the activities of the Unit may lead to life threats to the beneficiaries (children of the age 6 months - 03 years) as well as nursing mothers.
15. The undated reply of the of the President, Ms. Sujata Patra, and Secretary, Ms. Sunita Das, of the Respondent No.13 Unit to the said show cause notice dated 24.09.2019 (Annexure B/9, page no. 93 of the paper book), on the other hand, mentions that ingredients such as - wheat, Bengal Gram (Buta), Peanut (Badam) were being cleaned through machinery but due to some reason the ingredients were not cleaned through the machinery. This letter further mentions that during inspection on 23.09.2019 the mixing of ingredients was started in the morning but during visit of the Collector-Ganjam there was electricity power cut. 12
16. Be that as it may, this undated reply letter confirms that the Unit of Respondent No.13 was being operated by use of machinery as on 2019, without a Consent to Establish or a Consent to Operate.
17. Along with the affidavit of the Collector-Ganjam, photographs have also been filed (Annexure-G/9 to the affidavit) showing the use of cooking gas cylinders.
18. The Respondent No.13 Unit has also filed its counter-affidavit dated 30.08.2022 stating therein that after the show cause notice was issued by the Collector-Ganjam to the Unit on 24.09.2019 and the undated reply of the Respondent No.13 to the same, a further notice was issued by the Collector-Ganjam, vide letter No. 3056 dated 18.10.2019, directing the Unit to attend the office of the Collector on 23.10.2019 which the representative of the Unit of Respondent No.13 attended and thereafter an order was passed by the Collector-Ganjam on 28.10.2019 (copy of which has been filed as Annexure-C/13, page 120 of the paper book) to the affidavit.
19. A perusal of this letter will show that the Collector, Ganjam District, has recorded that the President and Secretary of the Respondent No.13 Unit in their reply to the show cause notice dated 24.09.2019 had 'conceded' the irregularities committed during the preparation of THR Chhatua with an undertaking not to repeat such mistakes in future and thereafter during personal hearing the Unit had also submitted a written note 'begging apology for commission of irregularities in making of Chhatua (THR)'. The Collector-Ganjam, therefore, held that the irregular act of the Unit in preparation of Chhatua (THR) was proved beyond doubt and have also been admitted by the Unit which amounts to breach of conditions of the agreement executed by the Unit on 30.06.2019. The Collector-Ganjam, therefore, vide his letter dated 13 28.10.2019 disengaged the Unit of Respondent No.13 from preparation of THR Chhatua with immediate effect until further orders as per terms and conditions laid down in point no. 25 of the agreement executed on 30.06.2019.
20. Mr. Jagdish Biswal, learned Counsel appearing for the Unit of Respondent No.13, however, referred to the order dated 24.02.2020 filed as Annexure-D/13, (page no. 122) to the affidavit, whereby the District Social Welfare Officer, Ganjam, Chatrapur, has been pleased to re-engage the Unit of Respondent No.13 for preparation of raw supply of THR (Chhatua) to the beneficiaries with effect from 1st March, 2020 on 31.03.2020.
21. Learned Counsel further insisted that the Unit of Respondent No.13 had been granted Consent to Establish by the State Pollution Control Board, Odisha, vide its letter dated 15.07.2022 under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. Learned Counsel, therefore, insisted that in view of the Consent to Establish having been granted by the State Pollution Control Board, Odisha, there was absolutely no illegality in the functioning of the Respondent No.13 Unit and the question of imposition of Environmental Compensation/Penalty would not arise.
22. The documents on record, particularly the annexures filed with the affidavit of the Collector-Ganjam, however, clearly confirm that the Unit of Respondent No.13 was carrying on its operations with the use of machinery, which is also admitted in their own letter (dated nill) filed at page no. 93 of the paper book, and which further finds a reference in the order of disengagement dated 28.10.2019 passed by the Collector-Ganjam that the Respondent No.13 Unit had 14 conceded its irregularities. There is nothing on record to show that the Unit of Respondent No.13 had been granted a Consent to Operate by the State Pollution Control Board, Odisha.
23. Learned Counsel for Respondent No.13 further laid stress on the photographs filed with the affidavit of the Collector-Ganjam dated 20.08.2022 and submitted that gas cylinders were being used in the production of THR Chhatua and, therefore, there was absolutely no reason to assume environmental pollution.
24. The Inspection Report filed along with the affidavit of the Odisha State Pollution Control Board dated 16.07.2022, also states that as regards the Water Pollution; the manufacturing process of THR Chhatua is a completely dry process and no water is being used and domestic waste water of about 800 liters which is generated from the premises is being discharged to the soak pit via septic tank.
25. As regards the Air Pollution; it is stated that roasting is being carried out through a manual method by using LPG as fuel under closed shed and over concrete platform and, therefore, the potentiality of air pollution is marginal.
26. As regards the Solid Wastes; it is stated that about 10 kilogram/day of solid waste/foreign material/gangue material is being generated during screening/cleaning process which is disposed of within the premises of the Unit.
27. As regards the Proposed Manufacturing Process to be adopted by the Unit; it is stated that the Unit has informed that it will upgrade the present THR manufacturing Unit by converting manual cleaning and roasting method to mechanized process in the manner as outlined in the Inspection Report (already noted hereinabove), which shows that the roasting process will be 15 operated with a temperature range of 80 to 100 ºC for which purpose about 100-200 kilogram of firewood will be required.
28. The report also mentions that as regards the Air Pollution the Unit has started installation of earthen Bhatti with the roasting drum where firewood will be used as fuel. The Unit has proposed to install MS stack of about 45 feet height from the ground level for discharge of smoke. The outlet of the milling machine will be fitted with fabric cloth filters in order to arrest fugitive dust emission during bagging.
29. As regards the disposal of Solid Waste, the report further mentions that about 20 kilogram/day of firewood ash will be generated from the Unit and this ash will be disposed of along with the other foreign materials generated during cleaning in the compost pit inside the premises of the Respondent No.13 Unit.
30. The Inspection Report further mentions that the Unit of Respondent No.13 is a small scale 'Orange Category' Take Home Ration (Chhatua) Manufacturing Unit and it has applied for Consent to Establish and deposited the requisite fee also for the same.
31. We may note here that this Inspection Report was prepared on 14.07.2022 by the Deputy Environmental Engineer and on 15.07.2022 the Consent to Establish has been granted by the State Pollution Control Board, Odisha to the Unit of Respondent No.13.
32. The Inspection Report further mentions in para 10 of the General Conditions thereof that 'no further expansion/modernization shall be carried out by the Unit without prior approval from the Board'. However, the question remains that the Unit of Respondent No.13 is operating without a valid Consent to Operate and, therefore, it has not complied with the Consent regimen as required under the 16 Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. There is absolutely nothing on record to show that the Unit has even applied for grant of Consent to Operate and without a valid Consent to Operate granted by the Board, the Unit of Respondent No.13 cannot operate the Unit and its operation for years without valid Consent to Operate and valid Consent to Establish prior to 15.07.2022 is illegal and in violation of statutory environmental norms.
33. In this view of the matter, we dispose of this Original Application with a direction to the Respondent No.5, State Pollution Control Board, Odisha, to take action forthwith for closure of the Unit of Respondent No.13 till the Consent to Operate is applied for and the same is allowed/granted by the Board in accordance with law.
34. We also direct that the penal consequences of operating the Unit for manufacturing of THR Chhatua by the Respondent No.13 without a valid Consent to Operate and Consent to Establish prior to 15.07.2022 will be computed by the State Pollution Control Board, Odisha, in the light of the guidelines laid down in the Notification dated 04.09.2019 issued by the Central Pollution Control Board, and appropriate action shall be taken in this regard against the Unit for recovery of Environmental Compensation/Penalty, as the case may be, from the Respondent No.13 within 15 days. Needless to say the Respondent No.13 will be given opportunity of hearing on the quantum of Environmental Compensation/Penalty determined by the State Pollution Control Board, Odisha.
35. I.As. if any, stand disposed of.
17
36. There shall be on order as to costs.
.....................................
B. Amit Sthalekar, JM ..................................
Dr. Afroz Ahmad, EM December 09, 2022 Original Application No.35/2022/EZ AK 18