MANSURI COTTON INDUSTRY Vs. POLLUTION CONTROL BOARD

JUDGEMENT

(1.) Heard Mr. B. Chakravarty, learned counsel for the petitioner; Mr. S. Baruah, learned Standing Counsel, Pollution Control Board, Assam for the respondent Nos. 1 - 3; and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent Nos. 4 and 5.

(2.) The petitioner was running a Waste Cloth Processing Industry in the name and style of 'Mansuri Cotton Industry' ['the Industry', for short] located in Dhekiajuli. According to the petitioner, he has obtained all the necessary permissions/licenses/no objection certificate, etc. from the competent authorities. But on 1/8/2023, the petitioner has been asked to stop operating the Industry on the premise that the petitioner was running the Industry without any prior consent from the respondent Pollution Control Board, Assam.

(3.) Mr. Baruah, learned Standing Counsel, Pollution Control Board, Assam has submitted that the petitioner was operating the Industry without obtaining the consent to operate since about a long time. It was only on 1/8/2023, the petitioner was asked by the Pollution Control Board, Assam to stop operating the Industry as there was no prior consent to operate any industry. In the absence of consent form the Pollution Control Board is to regarded as violation of the provisions of the Air [Prevention and Control of Pollution] Act, 1981.