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8. Before this petition could be taken up for admission, the first report was submitted by the Experts' Committee constituted by the Government following this Court's order dated 9-11-1989 passed in the earlier petition (C.W.J.C. No. 6928; 1989). Relying upon the findings of the first report the Government issued an order under Section 5 of the Environment (Protection) Act, 1986, directing the company to close their operations forthwith. It further directed, that the company's activity should remain suspended till the Government was satisfied with the conduct and intention of the company to control pollution and to have due regards to the environmental values. This order was communicated to the Chemical Company by letter No. Van-pary 237/89. 1723 VP, dated 25-4-1990. It was co-incidently the same date on which this Court by order passed in C.W.J.C. No.6928/1989, directed that all manufacturing process in the distillery should remain suspended till further orders.

9. The Chemical Company by an amendment petition, supplementary affidavit filed in C.W.J.C. No. 9601, 1989 brought on record this order dated 25-4-90 passed by the State Government under Section 5 of the Environment (Prevention and Protection) Act, 1986 and sought to challenge this order along with the order of the Board refusing to extend its consent beyond September 13, 1989.

10. C.W.J.C. No. 9601, 1989 was finally taken up for admission on 17-8-1990 and in view of the fact that a similar matter was pending hearing before this Court in C.W.J.C. No. 6928/89 it was directed to be heard along with the earlier writ petition.

(a) Workers    

(b) Middle rank staff officers       Total  

26. In view of the above, I am satisfied that the distillery may be permitted to restart its production subject to what has been stated in paragraph 22 hereinabove.

27. The Board is accordingly directed to extend its consent to the Company under the provisions of Water (Prevention and Control of Pollution) Act subject to this scheme. The order dated 25-4-1990 issued by the State Government under Section 5 of the Environment (Protection) Act, 1986 directing the company to close their operation is also set aside subject to the aforesaid scheme.