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Cites 4 docs
Section 21 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 31 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 31A in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 31B in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Rajasthan High Court
Maharaja Minerals And Chemicals ... vs Raj State Pollution Control Board ... on 15 February, 2017
 HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
                      JAIPUR
              S. B. Civil Writ Petition No. 1773 / 2017
1. Maharaja Minerals and Chemicals through Partner Shri
Banwarilal Jangid, by caste Jangid, r/o 1, Shilp Colony, Khatipura
Road, Jhotwara, Jaipur Rajasthan.
2. Saharia Minerals through Proprietor Deepak Kumar Saharia, by
caste Mahajan, r/o Plot No.43, Shyam Vihar Colony, Station Road,
Chomu, Jaipur Rajasthan.
3. Kanchan Minerals through Proprietor Bherulal Agarwal, r/o A-
70, Shiv Nagar Murlipura Scheme, Road No. 2, Jaipur Rajasthan.
4. Shri Sai Minerals through Proprietor Prem Devi Yadav, r/o
Mukam Post Vijaypura, Post Raithal, Kaladera, Jaipur.
5. Anupam Minerals through Proprietor Indrapal Singh Yadav, r/o
A-1, Near Saras Dairy, RIICO Industrial Area, Kaladera, Jaipur.
                                                      ----Petitioners
                               Versus
1. Rajasthan State Pollution Control Board, 4 Jhalana Institutional
Area, Jhalana Doongri, Jaipur Rajasthan through its Chairman
2. Rajasthan State Pollution Control Board Regional Office (North),
opposite Road No.5, VKIA, Sikar Road, Jaipur through its Regional
Officer (North)
                                                    ----Respondents

_____________________________________________________ For Petitioner(s) : Mr. S.S. Mahla.

_____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Order 15/02/2017 This writ petition has been filed by the petitioners challenging order dated 20.01.2017 passed by Rajasthan State Pollution Control Board, which is a composite order revoking consent to operator under Section 21 of the Air (Prevention of Pollution) Act, 1981(for short 'the Act of 1981') and direction for closure under Section 31A of the Act of 1981.

(2 of 2) [CW-1773/2017] Learned counsel for the petitioners submitted that the aforesaid order has been passed by Rajasthan State Pollution Control Board by misreading and misapplication of judgment dated 23.08.2016 rendered by the Supreme Court in People's Rights and Social Res. Centre & Others Vs. Union of India and Others.

Aforesaid order dated 20.01.2017, being composite, could be challenged by the petitioners by filing appeal before the Appellate Authority under Section 31 of the Act of 1981 and if grievances of the petitioners are still not remedied, they can approach by filing appeal before the National Green Tribunal under Section 31B of the Act of 1981.

Writ petition is, therefore, dismissed as not maintainable, however, with liberty to the petitioners to file appeal against the aforesaid order.

Stay application also stands dismissed.

(MOHAMMAD RAFIQ)J.

Manoj