High Court of Punjab and HaryanaCRM-M/24337/2022dismissed

M/S Nmr Phyrochem Pvt.Ltd. And Others v. Haryana State Pollution Control Board

2022-09-20Mr. Justice Harnaresh Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-24337-2022 (O&M) Date of Decision: 20.09.2022 M/S NMR PHYROCHEM PVT.LTD. AND OTHERS

...Petitioners

Versus

HARYANA STATE POLLUTION CONTROL BOARD ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Chirag Wadhwa, Advocate for the petitioners. **** HARNARESH SINGH GILL, J.(Oral) Prayer in this petition is for quashing the complaint, filed by the respondent, bearing No.33/2021 dated 14.09.2021, titled as Haryana State Pollution Control Board V/s M/s NMR Phyrochem Pvt. Ltd. and others, registered under Sections 41, 44 and 45(A) of the Water (Prevention and Control of Pollution) Act, 1974 and Sections 37 and 39 read with Section 40 of the Air (Prevention and Control of Pollution) Act, 1981 and the summoning order dated 14.09.2021 passed by the learned Special environment Court, Kurukshetra, along with all the consequential proceedings arising therefrom.

At the outset, learned counsel for the petitioner submits that vide letter dated 13.11.2020, petitioner No.1-Company was allowed to operate on formaldehyde units for a period of six months, with the relevant conditions and that the show cause notice was issued on 09.08.2019; consent by the department was given on 13.11.2020 and the present complaint was filed by the respondent on 14.09.2021. AMAN JAIN 2022.09.22 15:14 I attest to the accuracy and authenticity of this order/judgment

CRM-M-24337-2022 (O&M) -2I have heard the learned counsel for the petitioner. As noticed above, the Regional Office, Karnal Region, Haryana State Pollution Control Board, vide letter dated 13.11.2020 allowed petitioner No.1-Company to operate on formaldehyde units for a period of six months, with the relevant conditions, whereas the present complaint was filed on 14.09.2021 i.e. after the expiry of the said six months. Thus, no ground is made out to quash the complaint in question. Dismissed.

20.09.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2022.09.22 15:14 I attest to the accuracy and authenticity of this order/judgment