Sanganer Kapra Rangai & Chhapai Asson vs Vijay Singh Punia & Ors
- SCC(2009) 17 SCC 758
Ratio decidendi
The rule this decision rests on
The Court will grant permission to continue operations to an industry that complies with the environmental norms fixed by the Pollution Control Board and does not violate any statutory prescription, subject to joint enquiries by the Board and State to ensure ongoing compliance, and the Board and State retain power to take action in law upon any deviation from or infraction of those norms.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
SANGANER KAPRA RANGAI AND CHHAPAI ASSOCIATION ... APPELLANT(S)
:VERSUS:
VIJAY SINGH PUNIA AND ORS. ... RESPONDENT(S) WITH
CIVIL APPEAL NOS. 208-211, 213, 214-215 and 216-217 OF 2005
ORDER
CIVIL APPEAL Nos. 207/2005 & 208-211/2005:
An affidavit has been filed on behalf of the State of Rajasthan - respondent
No. 5 herein, referring to a report of the Rajasthan State Pollution Control Board
(hereinafter referred to as 'the Board'). The said affidavit be taken on record.
The views of the Board, as per the said affidavit, are indicated in its letter
dated 31.3.2009 addressed to Senior Additional Director (Officer-in-Charge), Office of
the Commissioner of Industries, Udyog Bhawan, Tilak Marg, Jaipur.
Learned counsel appearing on behalf of the appellant Association stated that
the members of the Association are agreeable to act in terms of the recommendations
of the Board. It needs to be noted that the State had accepted the views and
recommendations of the Board and follow up action has to be taken by the concerned
industries.
-2-
We, therefore, dispose of the writ petition(s) with the direction that in case the requisite norms fixed by the Board are fulfilled by any industry, whose case is
being espoused by the appellant Association, necessary permission to continue shall be
granted to it, if otherwise there is no violation of any norms or any statutory
prescription. The Board and the State shall make joint enquiries in future to see that
the requisite norms are being followed and, in case, there is any deviation or
infraction therefrom, it shall be open to the Board or the State, as the case may be, to
take action as available in law.
The appeals are disposed of accordingly.
C.A. Nos. 213/2005, 214-215/2005 and 216-217/2005 be delinked and listed in
August, 2009.
..........................J (Dr. ARIJIT PASAYAT)
..........................J (ASOK KUMAR GANGULY)
NEW DELHI, APRIL 30, 2009.
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