Lawkidunya Banner

Punjab Environmental Service Tribunal PLJ 2020 TRC Note 16

PLJ 2020 Tr.C. (Note) 16 Punjab Environmental Service Tribunal

PLJ 2020 Tr.C. (Note) 16 Punjab Environmental Service Tribunal, Punjab Environmental Protection Act, 1997 (XXXIV of 1997)– Ss. 12 & 22–Establishment of gas filling station–Obtaining of necessary government sanction/NOC and storage licence–Environmental pollution–Site inspection report–Case of appellant was rejected by review committee–Although appellant on existing site of Petrol Pump was not required to get a fresh approval/NOC for installation of CNG Filling Station for Department of Explosives but under Section 12 of PEP Act 1997 (as amended in 2012) it was mandatory for appellant to get approval not only for construction but also approval for operation of CNG Filling Station which was not obtained–Respondent acted without lawful authority because respondent neither reviewed initial environmental examination report and accord its approval nor required submission of environment impact assessment by appellant rather issued EPO which culminated into rejection of environmental approval/NOC by review committee vide its order dated 27.09.2012–This Tribunal is of considered opinion that respondent acted in violation of Section 12 when it issued EPO which culminated into dismissal of environmental approval/NOC as per Annex-L–Law officer fail remained unable to substantiate EPO dated 27.09.2012 which is not sustainable hence set aside–There was no need to seek environmental approval/NOC for a Unit which was already successfully operational and running–Appeal was accepted.

Leave a Reply

Your email address will not be published. Required fields are marked *