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2012 Supreme(Jhk) 1736

PRAKASH TATIA, P.P.BHATT
S. S. Narnolly – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant/Petitioner: M/s. Jitendra Singh, A.K. Das, H.P. Singh
For the Respondent: State Mr. R.R. Mishra
For the Respondent No. 6: M/s. A. Gupta, A.R. Choudhary
For the Respondent RRDA: Mr. A.K. Singh
For the Respondent Pollution Board: Mr. A.K. Pandey
For the Intervener : M/s. M. Dey, A. Kumar

JUDGMENT

Prakash Tatia, CJ.

The petitioner has preferred this writ petition, seeking the following reliefs:-

“(1) For a declaration that

(a) NOC granted by the Pollution Control Board, vide Memo No.N-84 dated 9.2.2005 under section 25 and 26 of Water (Prevention & Control of Pollution) Act and under section 21 of Air (Prevention & Control of Pollution) Act and their subsequent renewals are illegal.

(b) Emission consent order issued by Jharkhand State Pollution Control Board by Reference No.1294 dated 17.6.2005 under section 21 of the Air Act and its subsequent renewals are illegal.

(c) Discharge consent orders issued under Reference No.1295 dated 17.6.2005 under section 25 and 26 of the Water Act and its subsequent renewals are illegal.

(2) For a declaration that NOCs, consent orders and licenses under Factories Act to respondent no.6 in a residential area is arbitrary, illegal and unconstitutional.

(3) For a direction for dismantling and shifting of respondent no.6’s unit being in contravention of Air Act, Water Act, Environment Act, Hazardous Wastes (Handling & Management) Rules and Building Bye Laws under Ranchi Regional Development Authority Act and emitting fumes causing carcinogenic
















































































































































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