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Section 31A in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Orissa High Court
Sri Jugal Das Mohapatra vs Unknown on 12 November, 2012
                                         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