JUDGEMENT
Ganguly, J. -
(1.) This writ petition has been filed challenging an order
dated 23th March, 2004 passed by the Pollution Control Appellate Authority,
West Bengal (hereinafter called Authority).
(2.) By the said order, the appeal of the writ petitioner was dismissed
and the writ petitioner was directed to change over within four months from
the coal fired system to the cleaner fuel system of either oil or gas. The
appeal before the authority was directed against an order dated 31st August.
2001 passed by the Senior Environmental Engineer of the West Bengal
Pollution Control Board (hereinafter called 'the Board).
(3.) From the Board's order dated 31st August, 2001 it appears that
while the Board was monitoring air quality in Kolkata and its metropolitan
area for sometime, it became imperative for the Board to take step for
improvement of the air quality. The Board accordingly decided that no coal
fired rolling mill will operate within the metropolis of Kolkata and such mills
should operate only by using cleaner fuel, namely oil or gas and a period of
six months time will be given for such change over to cleaner fuel. The
Board also fixed the emission standard for rolling mills for Particulate Matter
at 150 mg./Nm3 irrespective of its capacity. In view of such decision by the
Board, the writ petitiner was asked to submit a time-bound action plan for
such change over in order to comply with Board's decision within 30th
September, 2001.;
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