TRISHAKTI STONE CRUSHING UNIT Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this batch of writ petitions, Petitioners who have set up Stone Crushing Units at various places within the State of Orissa have prayed for being provided with an alternate site by the Orissa Industrial Infrastructural Development Corporation or any of the State body or authorities on payment of costs and also to quash the notice of closure issued by the State Pollution Control Board, Orissa and/or to keep the same in abeyance till alternate site is provided to the Petitioners.

(2.) Mr. Y. Das, learned Senior Counsel appearing for the Petitioner on the outset submitted that although he had appeared for the Petitioners in those batch of writ petitions, he had no instructions in the matter and sought for the permission of the Court to address the Court as an amicus curiae. Learned Senior Counsel limited his prayer to seeking a direction to the State and/or authorities to provide the Petitioners with alternate sites complying with the requirements as stipulated by the State Pollution Control Board, within a limited period.

(3.) Mr. S.P. Mohanty, learned Counsel appearing for the State Pollution Board, Orissa vehemently argued that the present writ petitions are not maintainable and ought to be rejected outright since the issues/ contentions raised in the present batch of writ petitions are covered by earlier judgment of this Court, in W.P(C) No. 5503 of 2007 and others dismissed by judgment dated 27.1.2009. He asserted that most of the Petitioners in this batch had also challenged the notification dated 17/18.7.2002 issued by the Government of Orissa in the Forest and Environment Department in exercise of power conferred by Sub-section (i) of Section 19 of the Air (Prevention and Control of Pollution) Act, 1981. The said prayer of the Petitioners and others were rejected and the writ petition was dismissed vide judgment dated 27.1.2009.