National Green Tribunal
Pramod Kumar Sharma vs Uttarakhand Environment Protection ... on 3 December, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 316/2021
(I.A. No. 216/2021)
Pramod Kumar Sharma Applicant
Versus
Uttarakhand Environment Protection &
Pollution Control Board & Ors. Respondent(s)
Date of hearing: 03.12.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Pramod Kumar Sharma, Applicant in Person
ORDER
1. This is a second round of litigation between the same parties on the issue of violation of environmental norms by Respondent No. 04 - Surendra Sharma son Late Sukhveer Sharma, Owner Surendra Motors, House No. 03, Shubham Vihar near Gurukul Mahavidyalaya By-pass Road, Jwalapur, Haridwar.
2. Our attention has been drawn to earlier order of this Tribunal dated 23.12.2020 in O.A No. 61/2020, Pramod Kumar Sharma v. Uttarakhand Environment Protection and Pollution Control Board & Ors. In the said matter, after notice to the State PCB, it was found that the State PCB had issued order of closure against the same unit for violation of environmental norms. The operative part of the order is reproduced below:- 1
"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/Gen07(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- S434/2017/1488 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 2 Subsequently the closure order was revoked 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."
3. It is now stated that the same unit has restarted with the same violations, including absence of requisite consent and compliance of consent conditions.
4. In view of above, let the State PCB verify the factual position and take remedial action, following due process of law. A factual and action taken report be filed within two months by email at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
List for further consideration on 23.02.2022. The applicant may serve a set of papers to the State PCB and file an affidavit of service within one week.
A copy of this order be forwarded to the State PCB by email for compliance.
3
In view of order passed on merits, I.A. No. 216/2021 seeking exemption from translation will stand disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM December 03, 2021 Original Application No. 316/2021 (I.A. No. 216/2021) AB 4