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ORISSA HIGH COURT : CUTTACK Misc. Case No. 18992 of 2011 (Arising out of W.P. (C) No.31672 of 2011) In the matter of an application under Chapter-VI, Rule 27(a) of Orissa High Court Rules -------- Sri Jugal Das Mohapatra ... Petitioner Versus Member Secretary, State ... Opposite parties Pollution Control Board, Bhubaneswar and others. For petitioner - M/s Jatindra K. Mohapatra, S. Satapathy and S. Mishra For opposite parties - M/s S.P. Mohantry, P.Lenka and M. Barik (for opp. party no.1) Addl. Government Advocate (for opp. party nos. 2 & 4) M/s D. Nayak, U.R. Jena, B. Nayak and M.K. Mohantry (for opp. party nos. 5, 7, 10 & 13) Mr. Pitambar Acharya (for o.p. no.6) --------------- PRESENT THE HONOURABLE CHIEF JUSTICE MR. V.GOPALA GOWDA AND THE HONOURABLE MR. JUSTICE S.K.MISHRA ------------------------------------------------------------------------------------------------------------------------ Date of Hearing: 24.08.2012 Date of Order : 12. 11.2012 ------------------------------------------------------------------------------------------------------------------------ S.K.Mishra, J. This misc. case arises, out of the writ petition No.31672 of 2011, wherein the petitioner has prayed that the Court should issue appropriate writ to the opposite parties for 2 closure of Stone Crusher Units of opposite party nos. 5 to 14 for violation of terms and conditions as prescribed by the State Pollution Control Board, Orissa. 2. In the counter affidavit, the Pollution Control Board (PCB) has explained the various status of pollution control measure taken by the Stone Crusher Units. It is apparent from the counter affidavit that M/s Durga Stone Products has obtained sitting criteria clearance certificate from the Collector and District Magistrate, Balasore, but the same is operating without pollution control measures and without obtaining consent from the PCB. As far as M/s Mahalaxmi Stone industries are concerned, the said unit has obtained sitting criteria clearance certificate from the Collector and District Magistrate. The unit has obtained consent to establish (NOC) from the PCB but the application for consent to operate has not been considered due to pendency of W.P.(C) No. 1713 of 2011. In case of M/s Mahalaxmi Stone products, it has obtained the sitting criteria clearance certificate from the Collector and District Magistrate. The order of consent to operate issued in favour of the unit has been renewed by the PCB vide letter no. 3072/CON-803, dtd.14.12.2011. In case of M/s Panchalingeswar Stone Crusher, the unit has neither obtained the sitting criteria clearance certificate from the Collector and District Magistrate nor has taken consent to establish/operate from the PCB. The unit is operating without taking pollution control measures. In case of M/s Satyanarayan Stone Crusher, the unit has neither obtained the sitting criteria clearance certificate from the Collector and District Magistrate nor has taken consent to establish/operate from the PCB. The unit is operating without taking pollution control measures. Action has been initiated as per the direction of this Court. 3 In respect of M/s Sri Aurobinda Stone Crusher, the unit has obtained sitting criteria clearance certificate from the Collector and District Magistrate. The order of consent to operate issued in favour of the unit has been renewed by the Pollution Control Board vide letter no.2059/Con-409, dated 07.06.2011. In case of M/s Maa Mangala Stone Crusher, the unit has obtained sitting criteria clearance certificate from the Collector and District Magistrate. Though the unit has obtained consent to establish (NOC) from the PCB, but has not taken consent to operate. This unit is not in operation. The counter affidavit further reveals that, in respect of M/s Nandighosha Stone Crusher, the said unit has obtained sitting criteria clearance certificate from the Collector and District Magistrate. The unit has obtained consent to establish (NOC) from the PCB, but has not taken consent to operate. The unit has started commercial production without pollution control measures. The counter affidavit further indicates that in respect of M/s Saraswati Stone Crusher, the unit has obtained sitting criteria clearance certificate from the Collector and District Magistrate. The unit has obtained the order of consent to operate from the PCB vide letter no.2088/CON-1840 dated 02.12.2011. M/s Jagannath Stone Crusher has obtained sitting criteria clearance certificate from the Collector and District Magistrate and though the unit has obtained consent to establish (NOC) from the PCB, the same has not taken consent to operate till date. The unit has not taken pollution control measures. 3. In view of these undisputed facts, this Court comes to the conclusion that an interim direction should be given to the PCB to take appropriate action in this matter. Section 31-A of the AIR (Prevention and Control of Pollution) Act, 1981 provides as follows:- 4 " 31A. Power to give directions - Notwithstanding anything contained in any other law, but subject to the provisions of this Act and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its function under this Act, issue any directions in writing to any person officer or authority, and such person, office or authority shall be bound to comply with such directions. Explanation - For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct - (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the stoppage or regulation of supply of electricity, water or any other service." 4. Since the Board has the power to give appropriate directions to the Stone Crusher Units mentioned above, it is hereby directed in the interim that it should give appropriate directions for closure of the units, who have not obtained the necessary clearance certificate from the Pollution Control Board for operating stone crushers and those who have also not taken pollution control measures effectively within four weeks from the date of receipt of this order and submit compliance report. With such observations, the Misc. case is disposed of. ................................ S.K. Mishra,J.
V. Gopola Gowda, C.J. I agree.
................................. V.Gopala Gowda, C.J.
Orissa High Court, Cuttack, Dated, 12th November, 2012/PCD