Writ Petition No.4181/2011
2.2.2012

Shri Brian Da Silva, Senior counsel with Shri V.Bhide and Shri Ishan Soni, for the petitioner.

Shri S.S.Bisen, Government Advocate for the State. Shri P.K.Kaurav, Deputy Advocate General, for Madhya Pradesh Pollution Control Board.

The petitioner is a Company registered under the Provisions of the Indian Companies Act, 1956. It is in the business of providing Telecommunication Services as well as establishment and maintenance of assets like Telecommunication equipments including Mobile Towers. The petitioner along with Mobile Towers is also required to install shelter consisting of Air Conditioners, Batteries, Diesel Generators etc. The generators used at the site are mainly of 10 KVA to 30 KVA. These generators are established for providing uninterrupted telecom networks to the consumers in the event of failure of electric power supply or battery backup.

The petitioner has been served with notices by the Madhya Pradesh Pollution Control Board stating that the Diesel Generator set falls within the meaning of "industrial plant" and directed it to take prior authorization under section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (in short "the Act"). According to the Pollution Board as even the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 (in short "the Rules") are applicable to the Diesel Generator set the petitioner must deposit Rs.25,000/- per Diesel Generator set for five years as fee for grant of authorization for handling hazardous wastes.

The petitioner and similarly placed other companies jointly sent a detailed objection dated 28.5.2010 narrating therein the various points of objection that they are not governed by the provisions of the Act and Rules and any action taken under the Act and Rules will be illegal.

The learned counsel for Pollution Board fairly admitted that objection dated 28.5.2010 has not been decided by a reasoned order and the Pollution Board now intends to decide the same by a speaking order.

In view of the aforesaid and with the consent of learned counsel for the parties, this petition is being finally disposed of with a direction that Pollution Board shall decide the aforesaid objection of petitioner against the applicability of the Act and the Rules by a reasoned order before taking any action under the Act and the Rules.

Certified copy as per rules.

     (AJIT SINGH)                         (SANJAY YADAV)
        JUDGE                                 JUDGE

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