The writ petition No.11332 of 2014 is filed by an importer of a used Diesel Generator. Ext.R2(b) produced by the second respondent is the System and Procedure for compliance with noise limits for Diesel Generator sets (upto 1000 KVA) issued by the Central Pollution Control Board. It stipulates that application for type of approval, the importer has to submit a notarised affidavit as per Annexure-I to the Nodal Agency. The Nodal Agency is Central Pollution Control Board. The certificate agency shall process the type of approval only after the written acceptance of the affidavit by the nodal agency. That means the second respondent is the certification agency can process the application after acceptance of the notarised affidavit by the Central Pollution Control Board. Instead in the matter, a decision has been taken by the Central Pollution Control Board by Ext.P9. I am of the view, Ext.P9 is unwarranted in the light of para.4.(ii) of Part II in Ext.R2(b). They ought to have referred it to the second respondent being certification agency for type of approval after accepting the affidavit. Therefore, Ext.P9 is set aside. However, it is pointed out by the learned Asst.Solicitor Generator appearing for Central Pollution Control Board, the petitioner has to produce a certificate from the Directorate General of Foreign Trade regarding authorisation for import. It is thereafter the Central Pollution Control Board can initiate process for issuance of type of approval certificate. Therefore, the petitioner shall produce a certificate issued by the Directorate General of Foreign Trade before the Central Pollution Control Board along with the affidavit as contemplated under Annexure-I. Based on the above, the same shall be forwarded to the second respondent for issuance of type of approval certificate. If the type of approval certificate is issued to the petitioner, the Diesel Generator shall be released to the petitioner by the first respondent. It is submitted that the first respondent has already taken a decision on 25.4.2014 and imposed a penalty of Rs.25,000/- for importing the Diesel Generator without obtaining type of approval certificate. The validity of the above order will be depended upon the decision of the second respondent to issue the type approval certificate. If the type approval certificate is issued, necessarily the Commissioner of Customs shall recall Ext.P7 order produced in WP(C).No.11332 of 2014. If the type approval certificate is referred, order of the Commissioner of Customs can be implemented.
These writ petitions are disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-
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