SHREE BALAJI METALIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) When the writ petition was taken up for final hearing, the petitioner's counsel prayed for time to file a rejoinder affidavit, which was vehemently opposed by the counsel appearing on behalf of the contesting respondents. Affidavits have been exchanged between the parties. As agreed between the respective counsel on behalf of the petitioners, Advocate General, counsel appearing on behalf of the State Pollution Control Board and the Central Pollution Control Board, this writ petition is being decided finally.

(2.) In certain cases, there was an objection raised by the Forest Department that the crushers are installed within the prohibited area of the Forest and, therefore, running of Iron Ore Crushers cannot be allowed.

(3.) Submission is that No Objection Certificate is already granted in favour of the units and, therefore, they are also liable to be allowed to function after fulfilling the conditions Imposed on similarly placed Iron Ore Crushers. An undertaking has already been given in the form of affidavits filed by the petitioners.