Madhukar Sahakari Sakhar Karkhana Ltd. (S) v. Central Pollution Control Board (S).

1. Heard.

2. Delay of 7 days is condoned.

3. The I.A. No. 65/2019 stands disposed of.

Appeal No. 34/2019 (WZ)

1. Heard.

2. Issue Notice returnable in two weeks.

3. Issues raised in the present Appeal is pari materia to the ones in Appeal no. 05 of 2019, Morinda Co-op. Sugar Mills Ltd. v. Central Pollution Control Board vide order dated 30.04.2019.

4. We accordingly pass the same directions as contained in the said order dated 30.04.2019. The order is reproduced below for convenience:—

“This appeal has been preferred against the order dated 28.02.2019 passed by the Central Pollution Control Board (CPCB) requiring the applicant to pay Rs. 69,60,000/- for non-compliance of the direction to install online continuous effluent monitoring system (OCEMS) and operating the unit which was ordered to be closed without permission.

Question raised is about the period of non-compliance and the justification for amount in question. According to the appellant, there was no violation of norms and even the system was in place.

Let the CPCB furnish its response in the matter by email at ngt.filing@gmail.com before the next date of hearing. The deposit may not be required in the meanwhile.

Applicant may furnish a set of papers to the respondent and file an affidavit of service within one week.

A copy of this order be sent to the CPCB by email. List for further consideration on 20.08.2019.”

5. In view of the above, we direct the parties to maintain status quo until further orders. The Central Pollution Control Board shall submit a report within the period as referred to in the order reproduced above.

6. List on 20.08.2019 along with Appeal No. 23/2019(WZ).