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THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Rajasthan High Court
M/S Mahaveer Plastic Industries vs Raj State Pollution Control Anr on 11 April, 2012
    

 
 
 

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR.
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S.B.CIVIL WRIT PETITION NO.2617/2012.

M/s. Mahaveer Plastic Industries Vs.

Rajasthan State Pollution Control Board & anr.

DATE OF ORDER     :    11/04/2012

HON'BLE MR. JUSTICE AJAY RASTOGI
 ***

Mr.Ashish Saksena, for petitioner.
Mr.Akhil Simlote, for respondents

Instant petition is directed against the order dated 08/02/2012 (Anx.15) whereby the respondents have refused to grant consent to the petitioner to operate its plant in the name and style of M/s.Mahaveer Plastic Industries engaged in production of plastic packaging material u/Sec.33A of the Water (Prevention and Control of Pollution) Act, 1974 & Sec. 31A of Air (Prevention and Control of Pollution) Act, 1981.

Counsel for petitioner submits that after the notices came to be served, a fresh order has been issued from the office of the respondents on 22/02/2012 placed on record as Anx. A alongwith Misc. Application No.15484 dt.05/04/2012 pursuant to which the application of the petitioner for operating its plant may be considered afresh without being influenced by findings recorded in the order impugned in the instant petition dt.08/02/2012.

Counsel for respondents submits that if the petitioner submits fresh application, that will be examined afresh in the light of the order dt.22/02/2012 in accordance with law.

Consequently, the writ petition stands disposed of with liberty to the petitioner to submit fresh representation in the light of order dt. 22/02/2012 and it is expected form the authority to examine the same independently by giving a fresh look of the matter and without being influenced by the findings which has been recorded in earlier order impugned dt.08/02/2012 by passing a speaking order in accordance with law within a period of one month of submission of the representation.

[AJAY RASTOGI], J.

Raghu/p.2/2617-CW-2012-Final.doc Certificate:-All corrections have been incorporated in the judgment/order being emailed/Raghu,PAJW