Herald: SWPL approaches High Court challenging GSPCB order
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SWPL approaches High Court challenging GSPCB order

12 Jan 2018 06:33am IST

Report by
Team Herald

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12 Jan 2018 06:33am IST

Report by
Team Herald

Pleads that order withdrawing consent to operate at MPT be quashed; Seeks interim relief pending final disposal of petition

PANJIM: South West Port Ltd (SWPL), a company owned by infrastructure giant JSW handling coal at Mormugao Port Trust (MPT), has approached the High Court of Bombay at Goa challenging the order of withdrawal of consent by Goa State Pollution Control Board (GSPCB) for coal handling at berth numbers 5A and 6A of MPT. 

SWPL, in its petition, has pleaded that the GSPCB order of Jan 9 be quashed and set aside and sought interim relief pending final disposal of the petition. 

SWPL has sought relaxation and pleaded that the court issue a writ or directions to allow the berthing and unloading of vessels at the berth numbers 5A and 6A of the MPT and further transportation of unloaded cargo on terms and conditions as deemed fit. 

GSPCB, that exercised its powers under Section 21 (4) of the Air Act, to revoke the consent to operate with immediate effect is clearly in violation of the principles of natural justice, SWPL said in its petition.

The petition further states that the show cause notice issued by GSPCB did not mention any action under Section 21 (4) and hence it is clearly without any notice to SWPL.      

GSPC in its 131st board meeting on January 8 revoked the Consent to Operate granted to SWPL, thereby suspending its coal handling facility at Berth numbers 5A and 6A at MPT with immediate effect, for being involved in handling coal in excess of the permitted amount .

SWPL has, however, been granted 15 days to transport the existing cargo lying at the two berths. 

The Board took the decision to withdraw the consent to operate after finding that SWPL committed a gross breach of the consent condition granted to it on July 21, 2017, by virtue of having handled 10.112 million tonnes of coal/coke during 2016-17. The Board had permitted the unit to handle only 4.125 million tonnes of coal in 2016-17. 

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