SURESH PRASAD JAISWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I have heard both sides.

(2.) THE petitioner wanted to set up an industry. He applied for NOC to the Pollution Control Board (hereinafter referred as the "Board" for short). The Board required the petitioner to submit its project through a government agency or "approved" agency.

(3.) I am unable to appreciate the conduct of the Board. Having regard to need to develop an industrial climate in the country in general and in this resource -rich State of Jharkhand in particular, the Board, before rejecting the claim of the petitioner for obtaining ˜No Objection Certificate' under the Pollution Control Act ought to have pointed out to the petitioner in writing by way of a letter what exactly were the shortcomings in the documents submitted by the petitioner, how they could be removed, and should have given reasonable time to the petitioner to rectify those defects. The calling of the petitioner to the Board's Office apart from causing unnecessary harassment to the petitioner, may also involve the risk of undesirable allegation against the Board's officers. Disclosure for first time in the counter affidavit about what were the shortcomings on part of the petitioner does not give the impression that the Board's attitude is helpful towards the prospective industrialists, which impression is harmful to the image of the State.