NEHRU PARIBESHA SURAKSHYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER No. 1, a voluntary Social Organisation, espousing the cause of general public, has filed this public interest writ petition seeking direction to close down a Crusher Unit in the name and style of 'M/s. Durga Stone Crusher', owned by opposite parties 5 and 6, situated at Chandra Bahal in the district of Angul. The moot question which needs to be answered in this case is, whether to preserve the environment and to control pollution, the Crusher Unit situated within the prohibited zone, as notified by the Orissa Pollution Control Board on September 11, 1998 and published in the Orissa Gazette (Annexure 5) should be closed.

(2.) THIS case has a chequered career, inasmuch as this is the third writ petition filed before this Court. Bereft of unnecessary details, the short facts which are very much necessary for appreciating the inter se disputes are : In the year 1998 M/s. Durga Stone Crusher (opposite party No. 5) applied for grant of registration certificate to establish a Crusher Unit in village Chandra Banal. The District Industries Centre, Angul which came into existence while the application was under active consideration, made a field enquiry and issued 'No Objection' certificate as well as a Provisional Registration Certificate in favour of opposite party No. 5, as per Annexure A/4. Thereafter, opposite party No. 5 took prompt steps for the construction of necessary structures to install the Crusher Unit. While the matter stood thus, the present petitioners moved this Court in O.J.C. No. 7470 of 1999, which was also in the nature of a public interest litigation, seeking issuance of a writ of mandamus to the State Government not to allow the Crusher Unit to be set up violating the required guidelines issued by the State from time to time. During pendency of the said writ application, the District Industries Centre, Dhenkanal cancelled the 'No Objection' certificate issued in favour of opposite party No. 5. Being aggrieved the said order, opposite party No. 5 moved this Court in O.J.C. No. 10828 of 1999 solely on the ground that the order of cancellation was passed without according any opportunity of hearing. The said writ application was allowed on December 22, 1999 and the order of cancellation was quashed, but liberty was given to the D.I.C. to take steps afresh for cancellation of 'No Objection' certificate granted in favour of opposite party No. 5 in case, in its opinion, it was necessary after following the principles of natural justice and equity.

(3.) IN consonance with the direction issued by this Court, the General Manager, D.I.C., Angul called upon opposite party No. 5 to show cause and after affording reasonable opportunity to opposite party No. 5 as well as the present petitioners, sent up the proposal to the Collector, Angul for necessary action. The Collector, Angul constituted a Committee consisting of the A.D.M., Angul; General Manager of D.I.C., Angul; the Regional Officer, Orissa State Pollution Control Board, Angul; Tahsildar, Angul and the Circle Inspector of Police, Angul to inspect the site and submit its report. The petitioners and opposite party No. 5 were also noticed to remain present on May 18, 2000 at 9 a.m., which was the time fixed for inspection. After conducting inspection, the Committee submitted its report to the Collector. It was noticed by the Committee on spot verification that there was a school situated in the vicinity where the Crusher Unit was proposed to be installed, but then it was observed that the presence of a hillock acted as a natural barrier to prevent dust and noise. On the basis of this report; the Collector directed the issuance of a 'No Objection' certificate in favour of opposite party No. 5 and directed to take necessary action to run the Unit. Accordingly, permanent registration certificate was issued in favour of opposite party No. 5 on October 21, 2000. At the cost of repetition, it is reiterated that the said decision is impugned in the present writ petition.