BISWADEEP KHADENGA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Shri L. Mishra, learned counsel for the petitioner, Miss. S. Misra, learned Additional Standing Counsel for the State-opposite party, Shri G. Verma, learned counsel for the opposite party no.6, Shri S. Rout, learned counsel for the opposite party no.8, Shri S.P. Mohanty, learned counsel for the opposite party no.9, Shri S.N. Rath, learned counsel for the opposite party no.10 and Shri P.K. Jena, learned counsel for the interveners.

(2.) This Writ Petition involves the following prayer:

(3.) Short background involved in this matter is that on the allegation of the neighbors regarding noise pollution and thereby creation of pollution hazard in the locality and on being directed by this Court in disposal of the W.P.(C) No.22840 of 2016 a joint inspection process was undertaken by the Collector as appearing at Annexure-9. The Team undertaken such exercise has given its report with specific direction at para 3 therein. It is consequent upon the above, final order was passed by the Collector but however after giving opportunity of hearing to the complainant as well as the persons affecting the petitioner. It also appears, the Collector while imposing certain restriction on the petitioner has directed the petitioner to obtain "Consent to operate" from the Pollution Control Board following the notification dated 4.09.2016 of the Forest and Environment Department, Government of Odisha. It is pursuant to such direction the petitioner while complying the restriction made therein inasmuch as shifting of some of Power loom Machines to a distance place, while also maintaining the operational time as directed, made an approach to the Pollution Control Board by the petitioner. It appears, the Pollution Control Board has also given "Consent to operate" by the order vide Annexures-4 and 5 and the same appears to be valid till 31.3.2022. It is, at this stage of the matter when the petitioner restarted functioning of his Power loom basing on the "Consent to operate" order by the competent authority, a group of villagers raised protest involving such issue. Consequent upon which and on the intervention of the Police authority, the O.I.C., Tigiria Police Station-opposite party no.4 and the Tahasildar, Tigiria in the name of maintaining Law and Order situation directed the S.D.O., Central Electricity Supply and Utility, Odisha, Athagarh Division-opposite party no. 8 to disconnect the power supply to the Power loom of the petitioner. As a consequence of such direction the Opposite party no.8 has disconnected the power supply to the petitioner's power loom unit giving rise for filing of the Writ Petition.