- (1.) The grievance of the petitioner in the present writ petition is that it was not required to obtain renewal of consent under the Water (Prevention and Control of Pollution) Rules, 1976 (sic--1986?). The reasons for coming before this Court of the petitioner is that he was aggrieved vide letter dated 17.9.1996 issued by the Member Secretary of the Bihar State Pollution Control Board under Section 5(2) of the Water (Prevention and Control of Pollution) Cess Act, 1977.
(2.) According to the petitioner, it is a small scale industry, which is exempted from the requirement of obtaining annual renewals on the basis of letter dated 21.10.1992 issued by the Central Pollution Control Board, Annexure-3, which is said to have been issued in statutory exercise of power. The petitioner submits that it is not carrying on any activities of discharge of water or discharge of any sewage or trade effluent creating a nuisance or injurious to public health etc.
(3.) However, the petitioner had obtained such consent by making an application in Form-VIA to the Bihar State Pollution Control Board, which was granted vide letter dated 28.2.1994. According to the petitioner, in the category of small scale industry, one time consent would serve the purpose of consent and there is no requirement for the industry to obtain periodic renewal of consent unless the unit modifies or changes its processes. The petitioner is, therefore, aggrieved by the issuance of the said notice by which it has been asked to seek renewal of consent.;