Patna High Court - Orders
Saroj Kumar vs The State Of Bihar And Ors on 2 March, 2020
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9410 of 2017
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Salimullah
... ... Petitioner/s
Versus
The State of Bihar and Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 15858 of 2017
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Saroj Kumar
... ... Petitioner/s
Versus
The State of Bihar and Ors
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms. Manisha Pandey, Advocate
For Respondent No. 5 : Mr. Prasoon Sinha, Advocate
For Pollution Control Board: Mr. Shivendra Kishore, Sr. Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
21 02-03-2020From the affidavit dated 25th of February, 2020, sworn by Shri Ashish Kumar Gupta, Environmental Engineer, Bihar State Pollution Control Board, it is apparent that now action stands taken by the Pollution Control Board in closing down the units which were running without legal sanction.
The chart submitted in a tabular form, indicating the status of the units in the area in question, is reproduced herein under:-
Patna High Court CWJC No.9410 of 2017(21) dt.02-03-2020 2/4 Sl. No. Particulars No. of Unit(s)
1. Permanently Closed/Closed 58
2. White category units 09
3. Units operational with CTE and 06 without CTO.
4. Units operational without CTE 11 and CTO
5. Units operational with Consent 09 obeying the consent conditions
6. Units operational with consent 12 but violating consent conditions We notice from Paragraphs 8, 9 and 10 of the very same affidavit that directions for closing such of those units which are being run without legal sanction also stands issued.
Paragraphs 8, 9 and 10 of the affidavit dated 25 th of February, 2020 reads as under:-
"8. That the units falling under Sl. no. 3, 4 and 6 are amenable to actions for violation of the provisions of the Air Act and the Board has already issued 'Proposed Direction for Closure' to the 06 units falling under Sl. no. 3 vide its order dated 30-11- 2019, & has issued closure direction and finally have filed complaint case against the units falling at sl. no. 4 of table above. The above mentioned actions were taken on basis of findings of the inspection carried out by the Board on 06-11- 2019.
Patna High Court CWJC No.9410 of 2017(21) dt.02-03-2020 3/4
9. That with respect to 14 units identified by the Advocate commissioners which are functional with valid CTOs but violate one or more conditions of the CTO it is to be stated that 'Proposed Direction' under Section 31A of the Air Act, 1981, has been served upon 11 such units and with respect to remaining three units it is humbly submitted that unit at sl. no. 50, M/S Trishul Furniture, does not have a valid CTO and it has only taken 'Consent-to-Establish' (CTE) and as such 'Proposed Direction for Closure' has been issued against this unit vide order dated 05.02.2020. Unit at sl. no. 65, M/S Top Steel falls in 'White Category' and as such it is exempted from consent mechanism. Unit at sl. no. 60, M/S Ideal Steel, has already been served with 'Closure Direction', however, during inspection it was found to be operational and as such a complaint case will be instituted against it.
10. That with respect to 4 units identified by the Advocate commissioners, which were found to be operational without consents, it is humbly submitted that 'Proposed Direction for Closure' has been issued against two such units and Closure Direction' has been issued against two such units and complaint case has also been instituted against these two units."
Let action taken report with regard to the closing of Patna High Court CWJC No.9410 of 2017(21) dt.02-03-2020 4/4 such units be filed by the Pollution Control Board as also by the respondent-State.
We further direct that henceforth the Pollution Control Board shall not issue any No Objection Certificate for establishing any unit in the area in question, which is residential. However, we clarify that No Objection Certificates may be issued strictly in accordance with law.
Parties to exchange the pleadings within one week. List on 04.05.2020.
(Sanjay Karol, CJ) (S. Kumar, J) Rajeev Kumar/-
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