Rajasthan High Court - Jodhpur
M/S Anil Bricks Company vs Rajasthan State Pollution Control ... on 19 July, 2022
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9250/2022
M/s Anil Bricks Company, Through Smt. Jannat Gaddi W/o Shri
Vishal Chalana, Aged 29 Years, Resident Of 6W (Square No. 32)
Sri Karanpur District Sri Ganganagar.
----Petitioner
Versus
1. Rajasthan State Pollution Control Board, Through Its
Member Secretary, Jhalana Industrial Area, Jhalana
Dungari, Jaipur.
2. Environmental Engineer (Env. Comp.), Rajasthan State
Pollution Control Board, Headquarter 4 Institutional Area,
Jhalana Dungari, Jaipur.
3. Appellate Authority, Air (Prevention And Control Of
Pollution), Jaipur.
----Respondents
For Petitioner(s) : Mr. R.S. Choudhary
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 19/07/2022 Learned counsel for the petitioner has submitted that the proprietor of M/s Anil Bricks Company has established a bricks industry in the year 2011, however, the said industry was closed on 01.07.2016 as the licence of the industry has been cancelled by the Mining Engineer, Sri Ganganagar. Later on, the proprietor of the petitioner-company has purchased the land of the industry and again established a bricks factory over the same. It is further submitted that since the Environmental Clearance Certificate of the petitioner-company has not been granted till date, the industry is not in operation but the respondents have imposed a (Downloaded on 19/07/2022 at 09:11:38 PM) [CW-9250/2022] penalty of Rs.24,85,000/- under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 without taking into consideration the fact that the earlier Bricks factory and the factory established by the petitioner are not in operation since 2016.
Issue notice. Issue notice of stay petition also, returnable within a period of six weeks.
In the meantime, no coercive action shall be taken against the petitioner pursuant to the order dated 08.03.2022 (Annex.16).
(VIJAY BISHNOI),J 80-mohit/-
(Downloaded on 19/07/2022 at 09:11:38 PM) Powered by TCPDF (www.tcpdf.org)