DEV BHOOMI STONE COMPANY Vs. B.N. MATHPAL
LAWS(UTN)-2012-5-59
HIGH COURT OF UTTARAKHAND
Decided on May 01,2012

Dev Bhoomi Stone Company Appellant
VERSUS
B.N. Mathpal Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) DEV Bhoomi Stone Company, being the respondent No. 7 in WPPIL No. 458 of 2008, and petitioner in WPMS No. 675 of 2009, applied to the Pollution Control Board for permission to set up a stone crushing unit. While the said application was still pending consideration by the Pollution Control Board, Dev Bhoomi Stone Company applied to Pollution Control Board for permission to set up a screening unit. On consideration of the said application, Pollution Control Board permitted Dev Bhoomi Stone Company to establish a screening unit. On the basis of said permission of the Pollution Control Board and, other purported permissions obtained from amongst others, office of the Tehsildar etc., Dev Bhoomi stone company approached the District Magistrate for obtaining the permission to set up stone crushing unit. Surprisingly, the District Magistrate, allegedly, upon consideration of also the permission granted by the Pollution Control Board, issued a grant in favour of the Dev Bhoomi Stone Company, entitling it to establish a stone crushing unit. On the records brought in by Dev Bhoomi Stone Company, there is not a single whisper of the Pollution Control Board, having yet applied its mind to the application made by Dev Bhoomi Stone Company for establishment of a stone crushing unit. The permission granted by the District Magistrate in such blatant misuse of his power, having been brought to the notice of the Appellate Tribunal, the Appellate Tribunal has set aside the said permission. Against that, Dev Bhoomi Stone Company filed the aforementioned writ petition. The fact remains, that Dev Bhoomi Stone Company played a trick on the Pollution Control Board by making it believe that, until such time its application for obtaining permission to set up a stone crushing unit is accorded, it will be satisfied with a permission to set up a screening unit, but with the object of utilizing the said permission for setting up a stone crushing unit. The conduct on the part of Dev Bhoomi Stone Company, as depicted above, is, accordingly, fraudulent in nature. We, accordingly, dismiss the writ petition preferred by Dev Bhoomi Stone Company and, uphold the order of the Appellate Tribunal. At the same time, we allow the Public Interest Writ Petition by declaring that on the strength of the permission obtained by Dev Bhoomi Stone Company from the District Magistrate in setting up the stone crushing unit, Dev Bhoomi Stone Company could not set up any stone crushing unit and, setting up of the said unit, is contrary to and in violation of Law. It shall be open to Dev Bhoomi Stone Company to re -approach the District Magistrate to have a fresh permission to set up stone crushing unit, only when it has received from the Pollution Control Board, a clear permission to do so. Until then, of course, it can approach the District Magistrate and, seek from him, a permission to set up and run only a screening unit.;


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