- (1.) Heard Learned Counsel for the parties. The appellant Damodar Valley Corporation(in short -Corporation) is aggrieved against one of the findings recorded in the order dated 29.03.2011 by which writ petition of the petitioner was allowed by the learned Single Judge after holding that the question of closure of unit by force majeure has already been decided by Member, Board of Revenue and according to the appellant-Corporation; Member, Board of Revenue has not decided that issue and, therefore, that part of the order may be set aside.
(2.) Learned Counsel for the respondent-writ petitioner vehemently submitted that in fact the Pollution Control Board illegally passed the order of closure of the unit of the writ petitioner-respondent which was ultimately challenged before Member, Board of Revenue. After filing of writ petition being W.P.(C) No. 5033 of 2005 before this Court by the writ petitioner, Member, Board of Revenue vide order dated 05.12.2006 clearly held that the order of the Pollution Control Board for closure of the unit of the writ petitioner was illegal.
(3.) However, so far as question whether the petitioner's unit was closed by the order of the Pollution Control Board amounts to closure by force majeure was not the subject matter before Member, Board of Revenue nor it could have been.;