M.C. RAO Vs. STATE POLLUTION CONTROL BOARD

JUDGEMENT

(1.) This appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 (in short 'Air Act') has been filed by Shri M. Chandrapati Rao, resident of Village and Post Balada, District Srikakulam (Andhra Pradesh), representing the Kidigam Parbat Prant Prabesh Raksha Samiti, Kidigam G.P. & P.O., Kasinagar Block, Gajapati District, Odisha, challenging Order No. 2437 dated 19.10.2010 passed by the State Pollution Control Board, Odisha (hereinafter called the 'Board') under Section 21 of the Air Act and Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 conveying consent in favour of the respondent No. 3-M/s. BVSR Constructions (P. Ltd., Hyderabad, to establish a Hot Mix Plant in Mouza Venkatpur under Kidigam G.P. of Kasinagar Tahasil in Gajapati district for production of Asphalt Mix and Wet Mix of a quantity of 24000 MT each per month. The appellant has also challenged the consent to operate the said plant issued by the Board vide order No. 2188 dated 15.12.2011, which is valid upto 31.3.2013. The appellant has alleged that the impugned consent to establish and operate the aforesaid Hot Mix Plant (Asphalt Mix and Wet Mix Unit) have been granted in favour of respondent No. 3 in violation of the sitting criteria in regard to location of the nearest village Venkatpur, the village approach road, the water source known as Vura Cheruvu, fertile agricultural lands and a horticulture farm and the dust, smoke and heat generated due to operation of the unit have polluted the area leading to breathing problem to the residents and the people engaged in agriculture and horticulture etc. in the vicinity. In response to the notice issued on the appeal memo, respondent No. 3 appeared through Shri Manas Mohapatra, Senior Advocate, along with his associates and filed its objection stating that respondent No. 3 is operating a Crusher Unit as well as the Asphalt Mix and Wet Mix Plant after obtaining necessary permission from and in terms of the consent to operate granted by the Board by its orders dated 20.10.2011 and 15.12.2011, vide Annexure B/3 and Annexure C/3 respectively and that adequate pollution control measures have been adopted in both the units, as would appear from the monitoring reports/inspection reports submitted by the Regional Officer to the Board vide Annexure D/3 series. According to respondent No. 3, the Hot Mix Plant and the crusher unit have been set up for a temporary period, i.e., upto 31.3.2013, for production of Asphalt Mix of Chips and Metals/Wet Mix of Chips and Metals and stone chips respectively for use in the construction and widening of State Highway No. 4 connecting Gunupur, Kasinagar and Parlakhemundi, the execution of which has been undertaken by respondent No. 3-company. It has also been indicated that the appellant had earlier preferred an appeal under the Air Act being Appeal No. 4-A of 2011 challenging consent to establish granted in respect of the stone crusher on the allegation of violation of the sitting criteria as well as other environmental norms but the Authority after hearing the parties dismissed the said appeal by its judgment dated 17.9.2011, : M.C. Rao v. The State Pollution Control Board, Orissa and others, 2011 2 OrissaLR 1043.

(2.) This Authority after hearing the appellant in person and learned counsel for respondent No. 3 as well as the Law Officer of respondent No. 1 -Board and considering their submissions, by order dated 24.3.2012 directed the Regional Officer of the Board at Berhampur to visit the spot and submit a report on compliance of the conditions stipulated in the consent to operate order dated 15.12.2011.

(3.) In terms of the aforesaid order dated 24.3.2012 the Regional Officer visited the Hot Mix Plant set up by respondent No. 3 on 5.4.2012 and submitted the inspection report dated 9.4.2012 to this Authority wherein he concluded that the pollution control measures adopted by respondent No. 3 unit are satisfactory and there is compliance of the conditions stipulated in the consent to operate order dated 15.12.2011.