GULABING PUROHIT Vs. RAJASTHAN STATE POLLUTION CONTROL BOARD

JUDGEMENT

(1.) The present writ petition has been filed with the prayer of quashing the Notice dtd. 9/11/2023 to restrain the respondents from holding public hearing on 15/12/2023 at Truck Parking Yard, Ultra Tech Nathdwara Cement Limited, Amli Road Tehsil Pindwara, District Sirohi at 12:00 pm and to hold fresh public hearing at public place for environmental clearance for expansion of respondent No.4 Unit.

(2.) Brief facts giving rise to the present writ petition are that the respondent No.2- Regional Officer, Rajasthan State Pollution Control Board, Sirohi published a notice dtd. 9/11/2023 (Annex.2) in the newspaper informing that a public hearing for the purpose of environmental clearance for expansion in limestone production capacity is scheduled to be held on 15/12/2023 at Truck Parking Yard, Ultratech Nathdwara Cement Ltd., Amli Road Tehsil Pindwara, District Sirohi. The petitioner along with other villagers submitted a representation before the respondent Nos.2 and 3 requesting that the public hearing for environmental clearance scheduled to be held on 15/12/2023 may be postponed and the same may be held at a public place in close proximity of village Thandiberi instead of private place i.e. Truck Parking Yard, Ultratech Nathdwara Cement Ltd., Pindwara. Since the request in the representation of the petitioner was not acceded to, hence the present writ petition has been filed.

(3.) Learned counsel for the petitioner submitted that since there are two projects located at different locations i.e. one at Thandiberi Limestone Mine (ML No.7/94) and second at Amli Lime Stone Mine (ML No.6/94), thus, the public hearing should have been conducted in the near vicinity of the two sites. The learned counsel submitted that for the two projects, which are located at Thandiberi Limestone Mine and Amli Stone Mine, the public hearing could not have been taken place at a common place i.e. Truck Parking Yard, Ultra Tech Nathdwara Cement Ltd., Amli Road, Nathdwara, Tehsil Pindwara district Sirohi. He further submitted that the purpose of public hearing is defeated if the same had held at a common place for two projects and the same being not in the close proximity of the two projects.