IN THE HIGH COURT OF JHARKHAND AT RANCHI
             W.P.(C) No. 3739 of 2011
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Ashirwad Steel, East Singhbhum ... Petitioner Versus The State of Jharkhand & ors. ... Respondents

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CORAM:              HON'BLE MR. JUSTICE D.N.PATEL
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For the petitioner:       M/s S. Arun & P.P.Roy, Advocates
For State of Jharkhand: J.C. to A.G.
For the Board:            Mr. A.K.Pandey, Advocate
For Union of India:       Mr. M. Khan, ASGI
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Order No. 02: Dated 1 August, 2011
Per D.N.Patel, J.

1. Learned counsel for the petitioner is challenging the order, passed by the respondent-Jharkhand State Pollution Control Board dated 11th November, 2009, which is at Annexure 4 to the memo of petition, whereby, it has been directed that the petitioner-unit may be closed down. It is further submitted by the learned counsel for the petitioner that the respondents have no power, jurisdiction and authority to pass such a direction. Moreover, a copy of the letter upon which reliance has been placed dated 20th August, 2009, written by the Secretary, Forest & Environment Government of Jharkhand, while passing the impugned order, has never been supplied to the petitioner. The document, which has been relied upon by the respondents, though is not a secret document under the Officials Secret Act, even then a copy of the said document has not been supplied to the petitioner and reliance has been placed while passing the impugned order and, thus, there is a gross violation of the principles of natural justice. Moreover, the procedure laid down under Section 21(4) of the Air (Prevention and Control of Pollution) Act, 1981 has not been complied with. Neither any notice nor opportunity of being heard has been given to the petitioner, while passing the impugned order and hence also, the impugned order deserves to be quashed and set aside.

2. The petitioner is working as a crushing unit since 2006 and has never violated of any of the law, much less violation of the Act, 1981. Never any notice has been given by the Jharkhand State Pollution Control Board for violation of any of the Air (Prevention and 2. Control of Pollution) Act, 1981. Directly and abruptly the impugned order has been passed for closure of the petitioner unit and hence, during pendency and final hearing of this writ petition, let the impugned order be stayed and the petitioner-unit may not be closed down by the respondents and the unit may be allowed to continue with its activities, like several other crushing units, as has been allowed by this Court in several other writ petitions. It is submitted by the learned counsel for the petitioner that in not less than three dozen matters, similar order has been passed by this Court, one of them is W.P.(C) No. 3277 of 2011. Those writ petitions have been admitted for final hearing and the stay has been granted by this Court and, therefore, let this matter be also tagged with the aforesaid writ petitions.

3. In that view of the matter, Rule.

4. Notice of Rule to the respondents. Learned counsel for the State waives notice on behalf of respondent no.1 whereas Mr. A.K. Pandey, learned counsel, waives notice on behalf of respondent nos. 2 and 3 and they are seeking time to file reply.

5. Time, as prayed for, is granted.

6. So far as interim relief is concerned, it appears that there is a prima facie case in favour of the petitioner and balance of convenience is also in favour of the petitioner, for the reasons that (i) no notice has ever been issued to the petitioner, as required under Section 21(4) of the Air (Prevention & Control of Pollution) Act, 1981; (ii) Never a document, which has been relied upon by the respondents, while passing the impugned order at Annexure 4 to the memo of petition, has been supplied to the petitioner; and (iii) in similarly situated matters, in not less than 3 dozen matters, this Court has allowed the crushing units to continue with their activities and those matters have already been admitted by issue Rule. One of such writ petitions is W.P.(C) No. 3277 of 2011.

7. In that view of the matter, I hereby stay the operation, implementation and execution of the order passed by the Member Secretary, Jharkhand State Pollution Control Board, Ranchi, dated 11th November, 2009, which is at Annexure 4 to the memo of petition, till the next date of hearing. Meanwhile, I hereby direct the 3. respondents to allow the petitioner-unit to continue with its crushing activities.

8. Rule is made returnable on 25th August, 2011.

( D.N. Patel, J. ) A.K.Verma/