2007 Supreme(Pat) 1760
PATNA HIGH COURT
Navaniti Prasad Singh, J.
Drishtee Foundation
Versus
Bihar State Pollution Control Board
Criminal Writ Jurisdiction Case No. 9077 of 2007 ;
Decided On : NOVEMBER 12, 2007
Important Points
Subject
Administrative Law - Industrial Development and Regulation
Headnote
Single Window System - Industrial Development - Bihar Single Window Clearance Act, 2006 - [Bihar Single Window Clearance Act, 2006] - The judgment discusses the intent of the government to attract industries through various legislations and allurements, the concept of Single Window System, and the failure of the State machinery to implement the system effectively, leading to hindrance in industrial development.
Fact of the Case:
The petitioner, a Non-Government Organization, applied for setting up a bio fuel generating unit under the Bihar Single Window Clearance Act, 2006. Despite fulfilling obligations and obtaining recommendations, the State Pollution Control Board issued a stoppage of work order, citing public complaint and lack of prior consent.
Finding of the Court:
The court found that the State Pollution Control Board failed to discharge its duty as a member of the Nodal Agency and did not extend help in the industrialization process. It directed the petitioner to make an independent application to the Pollution Control Board in accordance with statutory guidelines.
Issues: Failure of the State machinery to implement the Single Window System effectively, hindrance in industrial development, and the petitioner's obligation to make an independent application to the Pollution Control Board.
Ratio Decidendi: The court held that despite the intent of the government to attract industries through the Single Window System, the State failed to implement it effectively, leading to hindrance in industrial development. It emphasized the need for necessary changes in attitude and statute to avoid destruction of the Single Window System.
Final Decision: The court directed the petitioner to make an independent application to the Pollution Control Board in accordance with statutory guidelines and ordered the Pollution Control Board to process the applications without undue delay.
1. The State Government, faced with a situation where existing industries had closed down for one reason or the other and no industry was being set up in the State, came out with various allurements to the industrial sector countrywide inviting them to come to the State and set up industries. Apparently, the State realized that it is only industrialization that could lead to the development of the State. Various legislations were enacted in order to attract industries. Various promises were made and held out to industries but what happens in ground reality is illustrated by this case.
2. Bihar Single Window Clearance Act, 2006 was enacted with the object of providing speedy processing, clearance and certificates required for setting up of industrial undertaking and for all round development of the State and industrial development and also to provide for an investor friendly environment in the State. This object was in furtherance of the object for speedy implementation of industrial projects by providing a single point of clearance to promoters and to ensure early commercial production of such projects.
3. This long preamble and object of the said Act shows the intent of the Government which realized the problems that troubles the industry most. Ordinarily, if an entrepreneur wants to establish an industry, there are large number of independent statutory obligations which he has to complete. Those statutory authorities are far and many and have their own way of working. Entrepreneur may clear one hurdle to get stuck at the other. The result would be that much before the unit is set up, the entrepreneur would be fed up and tired of running from one authority to another, running from one department to another, meeting one officer to another and the end would be that he would get exhausted physically, mentally and financially and the net result is that the incentive and the will to set up industry frizzles out in the process. It is to get over this that the Single Window System was contemplated by the said Act. The Scheme of the Act predicates preservation of various statutory power vested with various independent statutory authority. So far as compliance of State Legislations are concerned, they are dealt directly by a single authority under the Act but so far as Central Legislations are concerned, this Act provides that once an application is made to the Nodal Agency under this Act then the Nodal Agency virtually becomes the agent of the entrepreneur and then he and not the entrepreneur does the running around and obtains necessary permissions, licences, promise from respective authorities. The whole idea is to take the responsibility of the entrepreneur, from the entrepreneur and transfer it to the Nodal Agency and then it becomes the responsibility of the Nodal Agency to pursue the matter as if it was an agent for the entrepreneur. The Nodal Agency is then to convene meetings of various statutory authority including Central authorities wherein each individual entrepreneurs case is to be discussed and various documentations done, deficiencies discussed, pointed out. This meeting system is with the object of having compliance of all statutory departments/authorities completed at one place itself and in consultation and knowledge of each other. This process avoids an entrepreneur running individually to individual statutory authorities, thus, preventing wastage of time, money and energy on different authorities at different times. In the present case, as would be seen, the State machinery has conveniently ignored the concept of Single Window System and created the very problem which was sought to be avoided much to the detriment of entrepreneur.
4. The petitioner Drishtee Foundation is a Non-Government Organization in the business of BPO (Business, Processing and Outsourcing). The main business of the petitioner is for establishing Community Development Centres for information and communication technology. As these centr