LAWS(ORI)-2008-2-40

SHREE JAGANNATH STONE CRUSHER Vs. STATE OF ORISSA

Decided On February 19, 2008
Shree Jagannath Stone Crusher Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) SINCE identical prayer has been made in all the Writ Petitions, they were taken up together and are being disposed of by this common Judgment.

(2.) THE Petitioner in each of the Writ Petitions has prayed for quashing of the Notification dated 17/18th July, 2002 issued by the Government of Orissa in Forest and Environment Department in exercise of the powers conferred by Sub -section (i) of Section 19 of the Air (Prevention and Control of Pollution) Act, 1981. By the said notification, the State Government in suppression of the notification No. 3044/STE dated 29th February, 1988 of the Government of Orissa in the erstwhile department of Science, Technology and Environment and Notification No. Env -l -3/88/14439/F&E.; (Env.) dated 4th June, 1993 of the Forest and Environment Department and after consultation with the State Pollution Control Board, declared the entire State of Orissa as Air Pollution Control Area for the purposes of the said Act. They have also prayed for a direction to the Opposite Parties to adapt the siting criteria followed in neighboring States for the purpose of allowing the Stone Crusher Units to run their business. In W.P.(C) Nos.9529 of 2005, 668, 669 and 671 of 2007, the Petitioners have prayed for quashing the decision of the State Pollution Control Board in exercise of powers conferred under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, directing closure of the units.

(3.) SECTION 19 of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as 'the Act, 1981'), empowers the State Government after consultation with the State Pollution Control Board to declare any area or areas within the State as pollution control area or areas for the purpose of the Act. Section 21 restricts establishment and operation of any industrial plant in an air pollution control area without the previous consent of the State Pollution Control Board. However, under the proviso to Sub -section (1) of Section 21 a person operating any industrial plant in any air pollution control area immediately before the commencement of Section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for which no consent was necessary prior to such commencement, has been allowed to continue for a period of three months from such commencement or till disposal of the application before the Pollution Control Board if the same has been made within three months. Proviso to Sub -section (2) of Section 21 provides that where any person immediately before the declaration of any area as an air pollution control area operates in such area any industrial plant, such person shall make the application under that Sub -Section within such period (being not less than three months from the date of such declaration), as may be prescribed, and where such person makes such application, he shall be deemed to be operating such industrial plant with the consent of the State Board until the consent applied for has been refused.