V K STONE CRUSHER Vs. RAJASTHAN STATE POLLUTION CONTROL BOARD
LAWS(RAJ)-2009-12-7
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on December 08,2009

V.K. STONE CRUSHER Appellant
VERSUS
RAJASTHAN STATE POLLUTION CONTROL BOARD Respondents

JUDGEMENT

VYAS, J. - (1.) In the above bunch of writ petitions, common question is involved, therefore, for the sake of convenience, all these writ petitions are disposed of by this common order. However, facts are taken into consideration from the record of S.B. Civil Writ Petition No. 9761/2006 for adjudicating the matter.
(2.) The petitioner is challenging order Annex. 9 dated 14.7.2009 passed by the Rajasthan State Pollution Control Board, whereby, in exercise of power under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, the State Pollution Control Board, having regard to non-compliance of the provisions of the Air Act and consequent pollution of air being caused, has revoked the consent for operation of the crushers and passed order for closure with the following directions: "You are directed to close down your industrial plant immediately. District Collector, Bharatpur to ensure closure of the said industry. Executive Engineer, Jaipur Vidyut Vitrant Nigam Limited, Deeg, Distt. Bharatpur shall disconnect the electricity supply to the said industry immediately and compliance report should be submitted to the State Board. Regional Officer, Regional Office, Rajasthan State Pollution Control Board, Alwar is directed to seal the Diesel Generator Sets if any and report that the direction as above have been complied."
(3.) It is further order that if non-compliance of the above directions will be made, then, it is punishable under Section 37(1) of the Air Act with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine.;


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