SHARMA, J. - (1.) Since all these writ petitions relate to refusal to operate the Stone Crushers in villages Indroli, Angrawali, and Fatehpur in Tehsil Kaman District Bharatpur under the provisions of Section 21A of the Air (Prevention and Control of Pollution) Act, 1981 by the Rajasthan State Pollution Control Board and closure of the Stone Crushers in the said villages under Section 31A of the Act, they are disposed by this common order. SBCW 5841 of 2010
(2.) In this writ petition, the petitioner M/s. Radhey Stone Crusher, prayed as under: (i) Call for the entire record of the case from the Rajasthan State Pollution Control Board. (ii) quash and set aside the impugned orders dated 5.2.2010 Annexures 6 and 7 passed by the learned Member Secretary, Rajasthan State Pollution Control Board being without jurisdiction and contrary to the law.
(3.) The petitioner has a stone crusher in village Indroli Tehsil Kama, District Bharatpur. The petitioner stated in the writ petitioner that on the application dated 2.1.2007 submitted by the petitioner, the Rajasthan State Pollution Control Board (in short State Board) after due enquiry investigation and having satisfied that the crusher of the petitioner has taken all the required anti air pollution control measures granted its consent to establish vide its order dated 31.8.2007 under the provisions of Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (in short Act of 1981). The consent was granted subject to the conditions mentioned in the order. The petitioner also submitted an application for consent to operate its stone crushing plant under the provisions of section 21 of the Air Act. The State Board vide letter dated 31.8.2007 granted consent to the petitioner for operating stone crushing unit for a period upto 30.7.2008. The conditions imposed were the same conditions which were imposed while granting consent to establish. The petitioner stated in the writ petitioner that the authorities of the State Board forced the petitioner firm to seek consent to operate else the crusher shall be closed down. It has been given out in the petitioner that the petitioner submitted copies of photographs dated 28.7.2009 showing that (a) metaled road within premises of the crusher (b) vibrating screen has no holes (c) water spraying systems (d) there exists system of cleaning and wetting of the ground in the premises of the unit (e) roads inside the premises of the unit are metaled. The petitioner submitted application for renewal of consent to operate on 11.9.2008. The unit was inspected by the Board officials on 26.9.2008. It may be mentioned that on 29.12.2008 the State Board issued a show cause notice to the petitioner that the State Government has terminated the mining lease of masonry stone in Kama and Deeg areas. Therefore, there is no lawful source of raw material to feed the stone crusher i.e. other than illicit mining. Besides, this it was mentioned that the stone crusher causes health hazards and nuisance to the pilgrims of Brij Chourasi Kos Prikarama Marg. It was mentioned in the notice as under: 1. Whereas the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter called as the "Act") came into force in the whole of the State of Rajasthan w.e.f. 16.6.1981. 2. And where the Air Act was enacted to provide for the prevention and control of air pollution and for the maintaining and restoring the wholesomeness of air. 3. And where keeping this in view of the Air Act Rajasthan State Pollution Control Board (hereinafter called as the "Board") has been conferred powers to take such steps as are necessary for the prevention control and abatement of air pollution. 4. And whereas M/s. Radhey Stone Crusher, (hereinafter called as the industry) is engaged in production of Stone grit and discharges polluted air. 5. And whereas the State Government has terminated the mining leases of masonry stone in the Kama and Deeg area. Therefore, there is no source of raw material to feed the stone crusher except illicit mining. 6. And whereas the industry was inspected by the Board official on 26.9.2008. During the inspection it was observed that: (a) The area covered under plantation is about 15% which is not as per the norms (i.e. 33% of the area of the premises). (b) The system provided at the granulater, roller crusher and dust conveyor for water spraying was not in operative condition. (c) Acoustic enclosure not provided with the DG set. 7. And whereas the stone crusher causes health hazard and nuisance to the pilgrims of the Brij Chaurasi Kos Parikarma Marg. 8. And whereas the stone crusher is not operating the pollution control measures regularly. 9. And whereas the State Board in order to prevent and control air pollution being caused by the industry is competent to issue any direction under Section 31A of the air act in writing to any person, officer or authority and such person, officer or authority shall be bound to comply with such directions." The Board in view of the above, sent the notice to the petitioner requiring his objections against intended refusal of consent application and intended closure directions and was directed to submit reply within 15 days to the Environment Engineer with a copy to the Regional Office of the Board at Alwar. It may further be mentioned that a common Committee constituted by District Collector Bharatpur inspected the petitioner's unit during 11.2.2009 to 13.2.2009. Neither the petitioner nor any of its representatives did appear before the State Board pursuant to the notice dated 29.12.2008. The State Board vide its composite letter dated 22.7.2009 refused consent to operate the crusher and issued show cause notice intending the issuance of the directions under the provisions of Section 31A of the AIR Act. The petitioner assailed the orders of the State Board before this Court in S.B. Civil Writ Petition No. 10826/2009. This court vide its judgment dated 8.12.2009 quashed and set aside the order dated 22.7.2009 and remitted the matter to the State Board for deciding the matter afresh. The petitioner appeared before the Chairman of the State Board and submitted written submissions on 29.12.2009.;