JUGAL KISHORE MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner Jugal Kishore Modi, Proprietor of Bharat Minerals Grinding industries, has questioned the legality of the order dated 28th December, 1994, passed by the respondent Executive Officer of Madhupur Municipality. Whereby the licence of the petitioner's industry has been cancelled and further directed to close the industry within three days. Copy of the aforesaid order is made Annexure 1 to this writ application.

(2.) THE petitioner is the proprietor of Bharat Minerals Grinding Industries situated at Madhupur in the district of Deoghar, which was registered in the year 1978 bearing registration No. 46035 S.P.A. under Rules 4 to 10 of the Bihar Factories Rules and Section 6(1)(d) of the Factories Act, 1948 by the Chief Inspector of Factories, Department of Labour and Employment and the said registration is being renewed from time to time by the respondent authority after payment of requisite renewal fees. Copy of the licence renewed till 1994 and the deposits having been made from time to time are made Annexures 2, 3 and 4 respectively to this writ application. It is alleged that the firm of the petitioner was registered after proper verification of site and location and after going through the legal formalities by the Chief Inspector of Factories of Bihar. The said firm was also registered by the Government of Bihar, Directorate torate of industries as a small scale industries by order dated 20th November, 1978, bearing registration No. 03/14/01971/PM T/S. S.I. of D.I.C. dated 20.11.1978. Copy of the said registration certificate is made Annexure 5 to this writ application. It is stated that the petitioner submitted a proposal for setting up another stone crusher for crushing stone in the same premises before the General Manager, District Industries Centre, Deoghar and the said General Manager, after due enquiry and proper verification of the site and location, has approved the proposal vide his letter dated 3.2.1984. Copy of the said letter is made Annexure 6 to this writ application. Accordingly, the said stone crushing unit was granted licence in terms of Section 259 for the Bihar and Orissa Municipal Act (hereinafter referred to as the Act') on 31.3.1981 and the said licence has been renewed up to 1994 95 on payment of requisite fee for renewal (Annexure 7).

(3.) IN this connection reference may be made to the order dated 23.10.97 wherefrom it appears that earlier the Bihar State Pollution Control Board has passed the order under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. From the order it appears that the Pollution Control Board has given consent subject to certain conditions. Accordingly, this Court by the said order directed the counsel appearing on behalf of Pollution Control Board Mr. Karn to ascertain whether the conditions mentioned in the consent order have been fulfilled. On a request made by Mr. Karn the case was adjourned with a direction to file a report after having duly inspected by the officials of the Pollution Control Board. Pursuant thereto a counter affidavit has been filed on behalf Chairman, Bihar State Pollution Control Board, Patna, wherein, inter alia, it is stated that the inspection) of the industry, in question, was made on 2.11.96 by the Chairman of the Board himself and he submitted a report to the effect that the industry has complied with all the conditions imposed in the earlier consent order and has made necessary arrangements in suppressing dust by hanging gunny bags at the initial end of rotary screen. It is further alleged that the industry has also manually sprinkled water on stone before crushing in order to reduce the dust generation. It is further alleged that the concerned industry has also raised southern side wall to the extent of 12' height in order to prevent the carry over of the dust. It is further alleged in the report that the concerned industry has also developed a green belt as per the condition imposed in the Emission Control Order and the Chairman has also come to the conclusion that the noise level at the school was found to be within the tolerance limit. The report of the Chairman of the Pollution Control Board is made Annexure A to the counter affidavit.