HIGH COURT OF JAMMU AND KASHMIR
                          AT SRINAGAR

OWP No. 2284/2018
IA No. 01/2018

                                                               Date of order: 07.12.2018
                                     Ghulam Nabi Mubarky
                                             Versus
                                      State of JK and others

Coram:
                  Hon'ble Mr. Justice Sanjeev Kumar, Judge
Appearing Counsel:
For Petitioner(s)/Appellant(s): Mr. S. R. Khawar, Adv.
For Respondent(s):

The petitioner claims that he is a resident of Chadoora and in his immediate vicinity, private respondent has installed a big Edible Oil Extracting Mill, which causes serious nuisance for him and his family.

It is submitted that running the aforesaid Oil Extracting Mill day and night is causing noise pollution and emitting gases which have serious effects on the health of petitioner and his family. It is further stated that the J&K Pollution Control Board has taken cognizance of the matter and has passed order bearing Order No. 63 of SPCB dated 28th September, 2018 calling upon District Magistrate, Budgam, to immediately close down the unit of private respondent. Assistant Commissioner (Rev) in turn vide communication No. DCB/SC- Gen/2018/310 dated 23rd October, 2018 has directed Tehsildar, Chadoora, to take immediate steps as desired by Member Secretary, J&K State Pollution Control Board.

The grievance of the petitioner as projected in this writ petition is that despite the fact that J&K State Pollution Control Board has clearly observed that the Unit is being run without prior consent of the Pollution Control Board as warranted under section 25/26 and Section 21 of the Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act, 1981 respectively, but no action has been taken by the authorities, forcing the petitioner to file the instant writ petition.

Notice returnable within four weeks.

Notice in the IA as well returnable within the same period.

List in the month of February, 2019.

In the meanwhile, subject to objections and till next date before the Bench, it is directed that respondents 5, 6 and 9 shall ensure that the directions issued by J&K State Pollution Control Board vide Order No. 63 of SPCB Dated 28th September 2018, are complied with and Unit of the private respondent, if it is running without any prior consent from the J&K State Pollution Control Board, is closed forthwith. Let a report in this regard be submitted to this Court.

(Sanjeev Kumar) Judge Srinagar 07.12.2018 Imtiyaz