ROUT CRUSHER, REPRESENTED THROUGH ITS PROPRIETOR SRI NIRANJAN ROUT Vs. STATE POLLUTION CONTROL BOARD, ORISSA, BHUBANESWAR

JUDGEMENT

(1.) THIS appeal under Section 31 of the Air (Prevention of Pollution) Act, 1981 (in short 'the Air Act) is directed against the order dated 8.2.2007 passed by the Regional Officer of the State Pollution Control Board, Cuttack, vide Annexure -9, refusing consent to establish the appellant stone crusher unit, i.e., M/s. Rout Crusher at Nuagaon under Baranga P.S. in Cuttack district, in purported exercise of the power under Section 21 of the Air Act with a direction not to take up any construction/operation activity. The impugned order has been passed on the ground that the proposed stone crushing unit does not meet the sitting criteria specified in Order dated 13.5.1998 issued by the Govt. of Orissa in the Forest and Environment Department since the campus of the Central Industrial Security Force having barracks and staff quarters is located within 1.0 K.M. to the south of the proposed site of the stone crushing unit.

(2.) HEARD Shri P. K. Nanda, learned counsel for the appellant, and Shri B. P. Pattajoshi, learned Law officer of the State Pollution Control Board ('Board hereinafter).

(3.) THE case of the Board, as disclosed in the written notes filed in this appeal, is that the proposed unit is located within 1.0 K.M. from a human settlement, i.e., the Barracks of the CISF, which has started functioning since September, 2002 whereas the appellant submitted the application for grant of consent to establish through Single Window Clearance Authority on 6.11.2006.