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7. Another stringent way, when all the month-wise data of operations have been made available now, is to consider the operations of the crusher illegal since January 2021 till August 2022 i.e. without CTE / CTO. Thus for full one year and 8 months (till a closure order was issued on 01-09-2022 by the RO) the crusher operated without CTE/CTO. Based on that the days of violation for full one year of 2021 can be taken as 365 and for 8 months of the year 2022, the days of violation will be 243 days. Total days of illegal operations without CTE & CTO comes out to be 608 days and the EC comes out to be:
8. In reply thereof, it has been submitted that he, who seeks equity, must do equity and on that formula the Appellant had to actually narrate and communicate the SPCB with regard to operation of the unit and closure of the said unit. Since no communication has been drawn or informed to the SPCB, thus it was operational during that period. Further, when the month-
wise data of operation was made available to consider the operation of the crusher then it was calculated that since January, 2021, till August, 2021, i.e., without Consent to Establish and Consent to Operate, and for full year and eight months till a closure order was issued on 01.09.2022 by the RO, the crusher operated without CTE and CTO. Based on that formula and calculation, the days of violation for full year of 2021 can be taken as 365 days and for the eight months of the year 2022 the days of violation will be 243 days, thus total days of operation without CTE and CTO comes out to be 608 days and EC comes out to be Rs.60,80,000/- on the formula as narrated by the expert committee. The matter was also reconsidered by a member committee including the Member Secretary, MPPCB and Director Environment with the other technical officers and found that the number of Appeal No.37/2024(CZ) M/s Tirupati Minerals vs. MP Pollution Control Board & Ors. days of violation are 608 days and on the formula EC = PI x N x R x S x LF and that become the calculation as shown as above.