EAGLE CERAMIC AND GENERAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This cases relates to ceramic factories. The position is that for non-compliance of the requirement of law, the consent order under the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as 'the Act') has not been given. The petitioner is carrying on business by virtue of the interim order of this Court. In view of the very fair stand taken by the learned Counsel for the petitioner and the Board, we dispose of this application by passing the following order which would be without prejudice to the rights and contentions of the parties. It is agreed that the petitioner shall be given a personal hearing regarding grant of consent order under Section 21 of the Act. Personal hearing would also include local inspection. That personal hearing and local inspection, if any, is to made by 10th May, 1992 and a final order allowing or rejecting such application is to be passed by 28th May, 1992. If such application is rejected, the order must contain reasons. Let it be recorded that until such decision is given, status quo as of today shall exist but if the application is rejected, the petitioner shall no longer be entitled to carry on business, until and unless any order to that effect is passed by the High Court, in any appropriate proceeding.

(2.) In this connection, reference may be made to the Cement case* under this Act which has been disposed of today.

(3.) Let it be recorded that we have not gone into the merits of this case except to the extent indicated above.