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Section 37 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Rajasthan High Court
Panchu Ram Saini Son Of Shri Basnta ... vs State Of Rajasthan on 22 January, 2019
Bench: Pradeep Nandrajog, G R Moolchandani
      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                    D.B. Civil Writs No. 21403/2018

1.     Panchu Ram Saini Son Of Shri Basnta Lal Saini, Aged
       About 51 Years, Resident Of Ramolya Ka Bas, Nandera,
       Nandera Dausa (Rajasthan)
2.     Manohar Lal Saini Son Of Shri Kalyan Sahai Saini, Aged
       About 35 Years, Resident Of Bhagat Ka Bas, Panditpura,
       Dausa, Baswa (Rajasthan)
                                                          ----Petitioners
                                    Versus
1.     State    Of     Rajasthan,      Through    Principal     Secretary,
       Department Of Mines And Geology, Secretariat, Jaipur
2.     Assistant Mining Engineer, Department Of Mines And
       Geology, Dausa
3.     District Collector, District Dausa
4.     Sub Divisional Officer, Bandikui, District Dausa
5.     Rajasthan      State    Pollution     Control   Board,    Through
       Chairman, Jhalana Doongari, Jaipur
6.     Sidhi Vinayak Stone Crusher, Through Pratik Patel, Village
       Chandera, Rehdiya, Tehsil Baswa, District Dausa
                                                       ----Respondents

For Petitioner(s) : Mr. Ashwani Kumar Chobisa For Respondent(s) : Mr. Akhil Simlote Mr. Laxmi Kant Malpura Mr. Deepak Bishnoi for Mr. R P Singh, AAG HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE G R MOOLCHANDANI Order 22/01/2019

1. Filed in public interest the grievance is to respondent No. 6 setting-up, commissioning and making operational a stone crusher by the name of Sidhi Vinayak Stone Crusher. Reply filed by (2 of 2) [CW-21403/2018] Rajasthan State Pollution Control Board annexure and order dated 06.12.2018 requiring closure of the stone crusher. Learned counsel for respondent nos. 5 and 6 state that the process of dismantling the machinery at the site had commenced. Respondent No. 6 undertakes not to operate the stone crusher without obtaining necessary clearance.

2. Learned counsel for the petitioners does not dispute the aforesaid facts.

3. Thus, the petition has been rendered infructuous saving except that Rajasthan State Pollution Control Board should initiate proceedings under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 against respondent No. 6 for which we issue direction that the Board shall initiate the proceedings under Section 37 within six weeks from today. (G R MOOLCHANDANI),J (PRADEEP NANDRAJOG),CJ db/ashu/31 Powered by TCPDF (www.tcpdf.org)