Air (Prevention and Control of Pollution) Act,1981
21. RESTRICTIONS ON USE OF CERTAIN INDUSTRIAL PLANTS.
1(1) Subject to the provisions of this section, no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area :
Provided that a person operating any industrial plant in any air pollution control area immediately before the commencement of Section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent within the said period of three months, till the disposal of such application.
(2) An application for consent of the State Board under sub-section (1) shall be accompanied by such fees as may be prescribed and shall be made in the prescribed form and shall contain the particulars of the industrial plant and such other particulars as may be prescribed :
Provided that where any person, immediately before the declaration of any area as an air pollution control area, operates in such area any industrial plant 2such person shall make the application under this sub-section within such period (being not less than three months from the date of such declaration) as may be prescribed and where such person makes such application, he shall be deemed to be operating such industrial plant with the consent of the State Board until the consent applied for has been refused.
(3) The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to in sub-section (1) and in making any such inquiry, shall follow such procedure as may be prescribed.
(4) Within a period of four months after the receipt of the application for consent referred to in sub-section (1), the State Board shall, by order in writing, 3and for reasons to be recorded in the order, grant the consent applied for subject to such conditions and for such period as may be specified in the order, or refuse such consent :
4Provided that it shall be open to the State Board to cancel such consent before the expiry of the period for which it is granted or refuse further consent after such expiry if the conditions subject to which such consent has been granted are not fulfilled :
Provided further that before cancelling a consent or refusing a further consent under the first proviso, a reasonable opportunity of being heard shall be given to the person concerned.
(5) Every person to whom consent has been granted by the State Board under sub-section (4), shall comply with the following conditions, namely :-
(i) The control equipment of such specifications as the State Board may approved in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on :
(ii) The existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board;
(iii) The control equipment referred to in clause (i) or clause (ii) shall be kept at all times in good running condition;
(iv) Chimney, wherever necessary, of such specifications as the State Board may approve in this behalf shall be erected or re-erected in such premises;
(v) Such other conditions as the State Board may specify in this behalf; and
(vi) The conditions referred to in clauses (i), (ii) and (iv) shall be complied with within such period as the State Board may specify in this behalf :
Provided that in the case of a person operating any industrial plant 5in an air pollution control area immediately before the date of declaration of such area as an air pollution control area, the period so specified shall not be less than six months :
Provided further that –
(a) After the installation of any control equipment in accordance with the specifications under clause (i), or
(b) After the alteration or replacement of any control equipment in accordance with the directions of the State Board under clause (ii), or
(c) After the erection or re-erection of any chimney under clause (iv), no control equipment or chimney shall be altered or replaced or, as case may be, erected or re-erected except with the previous approval of the State Board.
(6) If due to any technological improvement or otherwise the State Board is of opinion that all or any of the conditions referred to in sub-section (5) require or requires variation (including the change of any control equipment, either in whole or in part), the State Board shall, after giving the person to whom consent has been granted an opportunity of being heard, vary all or any of such conditions and thereupon such person shall be bound to comply with the conditions as so varied.
(7) Where a person to whom consent has been granted by the State Board under sub-section (4) transfers his interest in the industry to any other person, such consent shall be deemed to have been granted to such other person and he shall be bound to comply with all the conditions subject to which it was granted as if the consent was granted to him originally.
Where a notification was issued under section 19(1) of the Act by the Central Government in consultation with the Central Board placing the Union territory of Delhi within the control area of air pollution, any plant if established has to take permission from the Central Board. In the present case the Sriram Plants of Delhi fell under the schedule of the industries specified in the Act, and had to obtain consent order under section 21 thereof. Accordingly if the Central Board at any stage found that the conditions in the consent order relating to power plant were not complied with and the particular matter emitted by the stacks of the boilers was more than 150 mg/Nm3 it could take whatever action as was warranted by law; M.C. Mehta v. Union of India, (1986) 2 SCC 176.
1. Subs. by Act 47 of 1987, sec. 9, for sub-section (1) (w.e.f. 1-4-1988).
2. The words “for the purpose of any industry specified in the schedule” omitted by Act 47 of 1987, sec. 9 (w.e.f. 1-4-1988).
3. Subs. by Act 47 of 1987, sec. 9, for certain words (w.e.f. 1-4-1988).
4. Ins. by Act 47 of 1987, sec. 9 (w.e.f. 1-4-1988).
5. The words “for the purpose of any industry specified in the schedule” omitted by Act 47 of 1987, sec. 9 (w.e.f. 1-4-1988).