JAGPAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioners are aggrieved by the order dated 14.12.2008 passed bys the SDM Bazpur and the order dated 20.4.2009 passed by the Uttarakhand Environment Conservation and Pollution Control Board, Uttarakhand, whereby the plant or the industrial unit of the petitioners has been stopped from functioning, as it does not have an environment clearance.

(2.) THE case of the petitioners is that they have opened a "natural screening plant" in Village Bannakhera, Tehsil Bazpur, District Udham Singh Nagar. According to the petitioners as per the Environment (Protection) Act, 1986 and the rules framed thereunder, there is no provision for the petitioners to get a No Objection Certificate from the Environmental Protection Board, which is presently functioning in Uttarakhand, as there is no provision for taking such a certificate for a "natural screening plant" as it is not mentioned in the Schedule, to the Environment Protection Rules.

(3.) ADMITTEDLY , by a notification of the State of U.P. dated 3rd November, 2000 (contained as Annexure No. 4 -A to the affidavit filed by respondent no. 4). The entire State of U.P. has been declared Air Pollution Control Area under Section 19(1) of the Air Pollution (Prevention and Control) Act, 1981 (From hereinafter referred to as the Act) and therefore, the net effect of the notification would be that the prior approval of the Board would be necessary before opening any plant or industry which is described in the Schedule given in Environment (Protection) Rules, 1986, which have been framed under the Act. What has to be seen is whether the plaint or the industry of the petitioners is such as to necessarily require a clearance from the Pollution Control Board. This can only be verified after examining whether such an industry is notified in the Schedule or not. In case it is notified a clearance would be mandatory, otherwise not. What has, however, be seen is the broad nature of the industry and not the precise nomenclature, stated in the schedule.