TN: Ruling of CPCB on ‘deemed consent’ for industries upheld Justices Vineet Kothari and R Suresh Kumar said, “We are satisfied that no cause of action has arisen to the petitioner or any public cause has arisen to invoke the extraordinary jurisdiction of this court. The direction of CPCB appears to have been
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CITYTN: Ruling of CPCB on ‘deemed consent’ for industries upheld
TNN | Updated: Jan 18, 2020, 8:23 IST
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CHENNAI: The Madras high court has declined to interfere with a Central Pollution Control Board (CPCB) order holding that environmental clearance would be deemed as consent to establish industries in medium and small scale sector.
The issue pertains to CPCB’s November 2, 2018 directions to the state pollutioncontrol boards that for industries, including MSMEs requiring EC, consent by state pollution control boards shall be one-step process and environmental clearance will be deemed as consent to establish in such cases. So far, environmental clearance and consent to establish industries are two different processes.
Claiming that the CPCB ruling would curtail the process prescribed under environmental laws, including Air and Water Acts, an environmental organisation, Voice of Nature said: “Treating environmental certificate as consent to establish would cut short the two-step process into one-step process against the procedures under environmental laws.”
Refusing to accept the contentions, a bench of Justices Vineet Kothari and R Suresh Kumar said, “We are satisfied that no cause of action has arisen to the petitioner or any public cause has arisen to invoke the extraordinary jurisdiction of this court. The direction of CPCB appears to have been issued in exercise of powers conferred to the board under various statutes to reduce the delays caused in issuing EC and CTE under the pollution control enactments and no statutory provisions or procedural requirements have been cut down by CPCB, nor in our opinion, it amounts to any amendment of law by the board.”
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