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1996 Supreme(Gau) 200

D.N.BARUAH, S.BARMAN ROY
Mahabir Coke Industry and another – Appellant
Versus
Pollution Control Board and others – Respondent


Advocates Appeared:
R. Gogai, Dr. A.K. Saraf, K.K. Gupta, A. Dutta and S. Saikia, A.H. Saikia, for R . No. 1, A. Dasgupta, Govt. Adv. for R. No. 3, and H. Roy, for Respondent No. 3

Judgement

JUDGMENT:- This appeal is directed against the judgment and order dated 22-8-1996 passed by a learned single Judge in Civil Rule No. 4827 of 1995. The learned single Judge dismissed the writ petition filed by the appellants and directed them to close the operation of all the three units immediately till receipt of consent from the Pollution Control Board and to pay salaries and wages to employees and workmen.

2. The appellant No. 1 is a firm registered under the Indian Partnership Act. The firm established a coke manufacturing factory with three units. At the time of establishment of the factory the appellant firm requested the Pollution Control Board, Assam (for short, the Board) for consent under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 which was in force at that time. The said request was made in respect of the entire factory. Consent was given by the Board. The Board used to give consent from time to timre as and when necessary. This state of affairs continued till the present Act i.e. the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as the Act) came into force. As per Section 19 of the Act the State Go







































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