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2009 Supreme(Jhk) 962

SUSHIL HARKAULI
Suresh Prasad Jaiswal – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner:Mr. R.S Mazumdar For the Respondents:
Mr. A.K. Pandey

JUDGMENT:

I have heard both sides. The petitioner wanted to set up an industry. He applied for NOC to the Pollution Control Board (hereinafter referred as the “Board” for short). The Board required the petitioner to submit its project through a government agency or “approved” agency. Despite request of the petitioner, the Board refused to specify which agencies were “approved” for the purpose. The Board also did not inform the petitioner in writing of any shortcoming in his application for NOC. The petitioner’s application was rejected. In the counter affidavit the Board has referred to certain shortcomings allegedly resulting in the rejection order. I am unable to appreciate the conduct of the Board. Having regard to need to develop an industrial climate in the country in general and in this resource-rich State of Jharkhand in particular, the Board, before rejecting the claim of the petitioner for obtaining ‘No Objection Certificate’ under the Pollution Control Act ought to have pointed out to the petitioner in writing by way of a letter what exactly were the shortcomings in the documents submitted by the petitioner, how they could be removed, and should have given reasonable time




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