HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8770 / 2017 M/s Sun Moon Stone Art a Sole Proprietorship Firm, Thruogh Its Proprietor Prem Singh Parihar S/o Kishore Lal Ji, Aged About 51 Years, R/o Fidusar Chopar, Sursagar, Jodhpur Rajasthan.

----Petitioner Versus

1. The State of Rajasthan Through the Secretary Department of Industries, Government of Rajasthan, Jaipur.

2. Rajasthan State Pollution Control Board Through Its Member Secretary, Rajasthan State Pollution Control Board, 4, Institutional Area, Jhalana Dungari, Jaipur.

3. The Regional Officer, Rajasthan State Pollution Control Board, Special Plot No. 2, Marudhar Industrial Area, First Phase Basani, Jodhpur, Rajasthan.

4. Jodhpur Vidhyut Vitran Nigam Limited Through Its Supdt. Engineer (O & M), Jodhpur Vidhyut Vitran Nigam Limited, Jodhpur.

5. Tehsildar, Jodhpur.

----Respondents Connected With S.B. Civil Writ Petition No. 8333 / 2017 M/s. Ambe Maa Stone Art, a Sole Proprietorship Firm, Through Its Proprietor Dungar Singh S/o Shri Hukma Ram, Aged About 65 Years, Resident of Roopwaton Ka Bera, Kali Beri, Soorsagar, Jodhpur

----Petitioner Versus

1. State of Rajasthan, Through the Secretary, Department of Industries, Government of Rajasthan, Jaipur.

2. Rajasthan State Pollution Control Board Through Its Member Secretary, Rajasthan State Pollution Control Board, 4, Institutional Area, Jhalana Doongri, Jaipur

3. The Regional Officer, Rajasthan State Pollution Control Board, Special Plot No. 2, Marudhar Industrial Area, I-phase, Basani, Jodhpur.

4. Jodhpur Vidyut Vitran Nigam Ltd., Through Its Supdt. Engineer (O&M), Jodhpur Vidyut Vitran Nigam Ltd., Jodhpur.

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5. Public Health Engineering Department, Jodhpur Through Executive Engineer, Public Health Engineering Department, Jodhpur.

6. Tehsildar, Jodhpur

----Respondents S.B. Civil Writ Petition No. 8336 / 2017 M/s. Phool Kanwar Kanaram, a Sole Proprietorship Firm, Through Its Proprietor Jethu Singh Kachhawaha S/o Shri Kana Ram, Aged About 59 Years, Resident of Roopwaton Ka Bera, Kali Beri, Soorsagar, Jodhpur

----Petitioner Versus

1. State of Rajasthan, Through the Secretary, Department of Industries, Government of Rajasthan, Jaipur.

2. Rajasthan State Pollution Control Board Through Its Member Secretary, Rajasthan State Pollution Control Board, 4, Institutional Area, Jhalana Doongri, Jaipur

3. The Regional Officer, Rajasthan State Pollution Control Board, Special Plot No. 2, Marudhar Industrial Area, I-phase, Basani, Jodhpur.

4. Jodhpur Vidyut Vitran Nigam Ltd., Through Its Supdt. Engineer (O&M), Jodhpur Vidyut Vitran Nigam Ltd., Jodhpur.

5. Public Health Engineering Department, Jodhpur Through Executive Engineer, Public Health Engineering Department, Jodhpur.

6. Tehsildar, Jodhpur

----Respondents S.B. Civil Writ Petition No. 8353 / 2017 M/s Jai Ambe Stone Through Proprietor Davendra Singh Gehlot S/o Bhagwan Singh Gehlot, Aged About 40 Years, By Caste Mali, R/o Fidusar, Chopar, Soorsagar, Jodhpur.

----Petitioner Versus

1. Rajasthan State Pollution Control Board, SPL-2, Phase-I, Marudhar Industrial Area, Basni, Jodhpur.

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2. The District Collector, Jodhpur.

3. Jodhpur Vidyut Vitran Nigam Limited Through Superintending Engineer, Jodhpur.

4. Public Health Engineering Department Through Executive Engineer, Jodhpur.

----Respondents _____________________________________________________ For Petitioner(s) : Dr. Sachin Acharya Mr. Arpit Bhoot Mr. Shreedhar Mehta For Respondent(s) : Mr. O.P. Boob Mr. Manish Sisodia Mr. Sanjeet Purohit _____________________________________________________ HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 11/09/2017 These writ petitions are filed by the petitioners being aggrieved with the order/direction dated 04.07.2017 issued by the Rajasthan State Pollution Control Board whereby it has observed that the stone cutting units run by the petitioner-firms are operating without obtaining the Consent to Establish and Consent to Operate under the provisions of Water (Prevention & Control of Pollution) Act, 1974, therefore, a direction was issued to close down the industrial activities carried out by the petitioner-firms. It is further mentioned in the impugned order that if the Consent to Establish and Consent to Operate is not obtained by the petitioner-firms, water and electricity supply of the petitioner- firms can be disconnected by the Rajasthan State Pollution Control Board.

(4 of 5) [ CW-8770/2017] It is noticed that after passing of the impugned order the petitioner-firms have applied to the State Pollution Control Board for granting Consent to Establish and Consent to Operate for their stone cutting units under the provisions of Water (Prevention & Control of Pollution) Act, 1974. During the pendency of these writ petitions the State Pollution Control Board has granted Consent to Establish and Consent to Operate the petitioner-firms under Section 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 vide orders dated 10.08.2017 and 12.08.2017.

In view of the above facts and circumstances of the case, learned counsels for the petitioners have prayed that they may be permitted to withdraw these writ petitions.

At this stage, an application has been preferred on behalf of the applicant-Mahendra Bohra pointing out that the State Pollution Control Board has committed several irregularities in granting Consent to Establish and Consent to Operate to the petitioner- firms and prayed that he may be impleaded as party in this writ petition to bring out certain important facts in the knowledge of this Court.

Learned counsel appearing for the State Pollution Control Board-Mr. Manish Sisodia has informed this Court that the applicant-Mr. Mahendra Bohra has already approached National Green Tribunal complaining the illegal operation of mining activities and stone cutting units/ stone crushing units in the Fidusar, Chaupar area of Soor Sagar, District Jodhpur and in that petition National Green Tribunal, Delhi has already issued notice to (5 of 5) [ CW-8770/2017] the State Pollution Control Board.

Looking to the facts that the applicant-Mr. Mahendra Bohra has already approached the National Green Tribunal against illegal operation of stone cutting/ stone crushing units of the Fidusar, Chopar area of Soor Sagar, Distict Jodhpur, I am not inclined to entertain this application of the applicant in these writ petitions, the same is therefore, dismissed.

The writ petitions are allowed to be withdrawn, consequently, dismissed as withdrawn.

It is made clear that the Rajasthan State Pollution Control Board shall ensure that the petitioner firms, to which Consent to Establish and Consent to Operate is granted under Section 25/26 of the Water (Prevention and Control Pollution) Act, 1974 vide order dated 10.08.2017 and 12.08.2017, are necessarily complying with the conditions mentioned in the orders dated 10.08.2017 & 12.08.2017. If the State Pollution Control Board found that the petitioner firms and other units to which Consent to Establish and Consent to Operate is granted are not complying with the conditions, then immediate action be taken against those units.

However, the applicant-Mr. Mahendra Bohra is free to challenge the Consent to Establish and Consent to Operate granted to the petitioner-firms or other firms before the appropriate authority in accordance with law.

(VIJAY BISHNOI)J.

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