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

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Tripura High Court
M/S. Raju Industries vs The State Of Tripura & 9 Others on 3 August, 2018
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                     HIGH COURT OF TRIPURA
                           AGARTALA
                           W.P (c) No.723/2018

M/s. Raju Industries, Prop.-Hanif Mia.
                                                         ----Petitioner(s)
                                 Versus
The State of Tripura & 9 Others.

                                                       ----Respondent(s) v

For Petitioner (s) : Mr. P. Saha, Advocate. For Respondent(s) : Mr. Mangal Debbarma, Addl. G. A.

HON'BLE THE CHIEF JUSTICE MR. AJAY RASTOGI Order [ 03/8/2018 Counsel for the petitioner submits that petitioner is running a small scale industry since 2010 and being a law abiding person took permission from all the statutory authorities including dept. of Factories & Boilers, Tripura State Electricity Corporation Ltd.(TSECL) and Tripura State Pollution Control Board (TSPCB).

Without affording reasonable opportunity of hearing on a complaint of the local residents order impugned has been passed by the TSPCB dt. 13th July, 2018 in exercise of power U/Sec.31A of the Air (Prevention & Control of Pollution) Act, 1981 for closer of the running unit which according to the petitioner's counsel is in clear violation of the principle of natural justice.

Issue notice to the respondents, returnable by 6.9.2018. Notice be given 'dasti', if prayed.

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No formal notice need be issued to respondents No.1 & 4 since Mr. Mangal Debbarma, the ld. Addl. Govt. Advocate accepts notice on behalf of them.

In the meanwhile, future operation & effect of the order impugned dt. 13th July, 2018 shall remain stayed until further orders.

CHIEF JUSTICE Dipankar