Court grants relief to Ms Quality Exports, cites lack of personal hearing
MARGAO
The High Court has stayed the order passed by the Goa State Pollution Control Board (GSPCB) directing fish processing unit Ms Quality Exports to shut down operations at the Cuncolim Industrial Estate.
In fact, the High Court has stayed the GSPCB order until the next date of hearing fixed on March 9 on the ground that prejudice will be caused to the petitioner if the fish processing unit is shut down pursuant to the Pollution Control Board’s order.
Though service is effected on the Pollution Control Board and private notice has also been served on them, none has put in appearance, the court observed.
“The Petitioner Ms Quality Exports has complied with the earlier orders passed by this Court and has deposited an amount of Rs 2 lakh to secure directions of the Pollution Control Board for providing Bank Guarantee of Rs 2 lakh. I have gone through the records of the case and it is evident that the petitioner has filed reply, but the impugned order has been passed without affording the petitioner any personal hearing.
“At least that is the averment made in the petition, which may be controverted, after the Pollution Control Board files its reply. I am mindful of the fact that the impugned order is otherwise amenable to an alternate remedy, which would lie before the National Green Tribunal. However, the only reason for entertaining this petition would be on the ground of not adhering to the principles of natural justice to the claim that no hearing was given to the petitioner before passing of the impugned order,” the Court observed while granting stay on the GSPCB order.
The Pollution Control Board had earlier this week had directed Ms Quality Exports to close/ suspend the operations with immediate effect until further orders to immediately abate the discharge of untreated/ inefficient treated effluents in the open.
The directions, issued by GSPCB Member Secretary Geeta Nagvenkar, has further asked the management of Ms Quality Exports to show cause within a period of seven days why the Consent to Operate issued to the plant on December 12, 2019 should not be revoked.
The GSPCB had warned that failure to satisfactorily comply with the present directions will compel the Board to initiate stringent legal action against the unit under the provisions of the water (Prevention and Control of Pollution) Act, 1974 without any further notice.
The direction were issued in exercise of the powers vested with the Board under Section 33(A) read with Section 25/26 of the of Water (Prevention and Control Pollution) Act, 1974 and on account of the continued inefficient operation of ETP at the unit.
