AMBIKA PRASAD BHATTA Vs. NEHRU PARIBESH SURAKSHYA COMMITTEE

JUDGEMENT

(1.) This civil review petition has been filed with a prayer to review the judgment passed on May 16, 2002 in O.J.C. No. 8254 of 2002 since reported in (2002) 94 CLT 34.

(2.) The petitioner is the proprietor of M/s. Durga Stone Crusher, a stone crushing unit, situated on plot Nos. 1024 and 1569 appertaining to Khata No. 97 of village Chandrabahel under Angul Tahsil. The writ petition (O.J.C. No. 8254 of 2000) in the shape of a Public Interest Litigation, was filed in this Court inter alia praying for issuance of direction to opposite parties 1 to 4 therein to close down the said Crusher Unit mainly on the ground that the sitting criteria formulated for establishment of stone crushers formulated by the State Prevention and Control of Pollution Board, were grossly violated and that the 'No Objection Certificates' were issued by the concerned authorities for establishment of the said stone crusher without keeping in view the provisions of the Environment (Protection) Act, 1986, the Rules framed thereunder, as well as the order issued by the Government of Orissa, Forest and Environment Department, in exercise of powers conferred under Section 5 of the said Act read with the Notification of the Government of India in the Ministry of Environment and Forests (Department of Environment, Forests and Wildlife) No. SO-151 (E) dated February 10, 1988. The review petitioner was opposite party No. 6 and M/s. Durga Stone Crusher was opposite party No. 5 in that writ petition.

(3.) After hearing the learned counsel in extenso, this Court came to the conclusion that the order dated May 13, 1998 (Annexure 4) issued by the Government of Orissa in the Forest and Environment Department published in Orissa Gazette of June 5, 1998 stipulating the sitting criteria for stone crusher was not an empty formality and that the same was issued in order to achieve the objectives of the Act and that the same should be sacrosanctly adhered to while dealing with application for establishment of stone crusher units. On facts also, this Court came to the conclusion that as the Crusher Unit in question was established not only within 1000 metres from the village boundary, but also within 500 metres from a school where young children are prosecuting their studies, it would not be conducive to permit running of the same at the said site.