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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
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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)
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PRESENT
THE HONOURABLE CHIEF JUSTICE MR. V.GOPALA GOWDA
AND
THE HONOURABLE MR. JUSTICE S.K.MISHRA
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Date of Hearing: 24.08.2012 Date of Order : 12. 11.2012
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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
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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.
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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:-
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" 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.
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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