SARALA STONE CRUSHER,PROPRIETOR,RAMA CHANDRA SWAIN Vs. STATE POLLUTION CONTROL BOARD, ORISSA, BHUBANESWAR

JUDGEMENT

(1.) The order dated 14.7.2005 passed by the State Pollution Control Board, Orissa, (in short 'the State Board) in exercise of the powers conferred under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 (in short 'the Act), vide Annexure -3, directing closure of the stone crusher unit running in the name and style M/s. Sarala Stone Crusher At -Kuradhamala, P.O. -Daleiput, Dist -Khurda, is under challenge in the present appeal filed by the Proprietor of the unit under Section 31 of the Act.

(2.) THE case of the appellant, in brief, is that after obtaining provisional registration certificate from the District Industries Centre, Puri, he established the crusher unit in 1983. While the appellant was operating his unit, on 16.6.2005 the Board issued a notice, vide Annexure -2, to show cause as to why the direction for closure under Section 31A of the Act and to stop operation of the unit shall not be issued for the alleged violation of certain siting criteria notified by the State Government in Forest and Environment Department in the order dated 13.5.1998 published in the Orissa Gazette on 5.6.1998 and for failure of the appellant despite public notice to shift the unit to a suitable site conforming to the siting criteria. The appellant submitted his reply to show cause notice on 28.6.2005 but the Board without considering the reply properly has illegally passed the impugned direction for closure of the unit vide Annexure -3.

(3.) LEARNED Law Officer of the respondent -Board has filed a written note stating that after the entire State of Orissa was declared as air pollution control area by the notification dated 18.7.2002 issued under Section 19 of the Act, which was published in the extraordinary issue of Orissa Gazette on 3.9.2002 (Annexure -A), consent of the Board to establish/operate the industrial plant in an air pollution control area under Section 21 is mandatory and upon inspection of the unit on 8.7.2003 and 19.2.2004, it was found that the appellant was operating the crusher unit without obtaining consent to operate from the Board. It was also found that the unit was located within 100 meters from the National Highway and within 500 meters from another stone crusher, namely, M/s. Bauti Stone Crusher, and had not adopted any air pollution control measures. Since the unit violated the sitting criteria laid down in the notification dated 13.5.1998 issued by the State Govt. and also operating in contravention of the provision of Section 21 of the Act, the Board issued the show cause notice and considering the reply submitted by the appellant and after hearing the Proprietor of the unit ultimately issued the impugned direction for closure of the unit vide Annexure -3. It is also submitted that the direction has already been implemented by the Electrical authorities in disconnecting the power supply to the appellant unit with effect from 10.8.2005.