SMALL CRUSHER OWNERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an association of small crushers owners, who also claim to carry on mining operation of minor minerals pursuant to lease granted to them. The petitioner is aggrieved as they have been asked to obtain consent to operate certificate in respect of mining operation from State Pollution Control Board though they are otherwise required to obtain environmental clearance. They have been asked to obtain consent to operate certificate on the basis of a letter of the State Pollution Control Board to the Commissioner of Mines, Government of Jharkhand made applicable to all such minor minerals lessees. The relevant provisions of Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and Section 25/ 26 of the Water (Prevention and Control of Pollution Act), 1974 are quoted herein below:--

(2.) A perusal of aforesaid provisions shows that under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 previous consent of the State Pollution Control Board is required by any person to establish and operate industrial plant in air pollution control area. The Industrial plant has been defined u/s 2K means that any plant the petitioner's association as lessees' of minor minerals, who also claim to be owners of crushers units. Accordingly, this Court does not consider it proper to interfere in the writ application preferred on behalf of the association of Small Crusher owners. This writ petition stands disposed of with aforesaid observation.