SHREE JAGANNATH MINERALS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This batch of Writ petitions were listed together as the facts, grounds and reliefs sought for in these Writ petitions are common. Accordingly, they are heard together and are disposed of at the stage of preliminary hearing.

(2.) We have heard Mr. J.K. Tripathy, learned Senior Advocate appearing for the petitioners and the learned Government Advocate appearing for the opp. parties 1, 3, and 4.

(3.) The case of the petitioners in all these writ petitions is that the State Government in exercise of powers conferred by sub-section (i) of Section 19 of the Air (Prevention & Control of Pollution) Act, 1981 declared the entire State of Orissa as Pollution Control Area vide Notification dated 17/18.07.2002. Prior to the said Notification, as of now though various enactments were there, the same were not strictly adhered to by the State Government. The sole objective of declaring the entire State as Pollution Control Area by the State Government was to prevent and control air pollution consequent upon extensive industrialization of the State. The State Government when felt that the Stone Crusher Units are responsible for generating emission of dust particles causing air and environmental pollution, resorted to severe effective measures to control the same thereby fixing various air pollution prevention measures. The Orissa Pollution Control Board (hereinafter referred to as 'the Board' in short) took drastic steps/measures for implementing various environmental laws and rules in respect of Stone Crusher Units with the ultimate aim to control the pollution caused due to running of Stone Crusher Units. By such action, the Stone Crusher Units were forced to close down causing colossal financial losses and harassments to the owners of the said Units depriving them of their livelihood, as a result, the labourers, both skilled and un-skilled, engaged in the crusher units and earning their livelihood are forced to starvation.