IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              W.P. (C) No. 238 of 2017
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              M/s Vishal Sponge Iron Pvt. Ltd.         --- Petitioner
                                       -Versus-
              The State of Jharkhand & Ors.            --- Respondents

              CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh

                     For the Petitioner      : Mr. Indrajit Sinha, Adv.
                     For the State           : J.C. to G.P.I
                     For the JSPCB           : Mrs. Richa Sanchita, Advocate
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02/30.01.2017

: Petitioner has approached this Court relying upon the report of MSME Development Institute, Ranchi under Ministry of MSME, Government of India dated 27th May, 2016 seeking direction upon the respondent- Pollution Control Board to take a decision on its application dated 31 st December 2016 for grant of consent to operate certificate under the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974. Petitioner has installed a Sponge Iron Unit at village Borobing, P.O. Chhotki Pauna, Gola Road, P.S. and District Hazaribagh having an installed capacity of 2x25 TDP.

Learned counsel for the respondents-Board submits, at the outset, that the application is premature. In terms of Section 21 of the Air Act and Section 25 of the Water Act, the Board is required to take a decision within a period of four months from the date of receipt of application which, in the present case, has been filed only on 31 st December 2016. It is only in case the application is rejected or no decision is taken, then the petitioner may have any cause of action to approach this Court.

Having considered the aforesaid submissions of the counsel for the respondents-Board, this Court is not inclined to interfere in the matter at this stage. Writ petition is accordingly disposed of leaving it to the petitioner to raise his grievance, if cause of action arises in future.

(Aparesh Kumar Singh, J.) Shamim/