LAWS(PAT)-2017-9-139

INDIA RUBBER PRODUCT INDUSTRIES THROUGH ITS PROPRIETOR PUTUL KUMAR SHARMA Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES, GOVT OF BIHAR

Decided On September 22, 2017
India Rubber Product Industries Through Its Proprietor Putul Kumar Sharma Appellant
V/S
State Of Bihar Through Principal Secretary, Department Of Industries, Govt Of Bihar Respondents

JUDGEMENT

(1.) Heard Mr. Ajay Kumar, learned counsel appearing for the petitioner and Mr. Shivendra Kishore, learned senior counsel appearing for the Bihar State Pollution Control Board and its authorities.

(2.) By the order impugned at Annexure-10 dated 29.8.2013 passed by the Chairman, Bihar State Pollution Control Board (hereinafter referred to as 'the Board') in purported exercise of powers vested under section 31A of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as the 'Air Act') that Patna High Court CWJC No.11617 of 2014 dt.22-09-2017 2 the petitioner has been directed to close his industrial plant for noncompliance of the provisions of the 'Air Act'.

(3.) The petitioner is also aggrieved by the order passed by the Member Secretary of 'the Board' dated 7.2.2014, whereby he has rejected the application filed by the petitioner on 27.9.2013 seeking 'Consent to Operate' under the provisions of the 'Air Act' and the Water (Prevention & Control of Pollution) Act, 1974 (hereinafter referred to as the 'Water Act') inter alia, on receipt of a public complaint, a copy of which is impugned at Annexure 14.