The central legal point established in the judgment is that the requirement for obtaining a consent to operate certificate for mining operations of minor minerals under the Air Act, 1981 and Water Act, 1974 should be determined on an individual case basis.

The petitioner is an association of small crushers owners, who also claim to carry on mining operation of minor minerals pursuant to lease granted to them. The petitioner is aggrieved as they have been asked to obtain consent to operate certificate in respect of mining operation from State Pollution Control Board though they are otherwise required to obtain environmental clearance. They have been asked to obtain consent to operate certificate on the basis of a letter of the State Pollution Control Board to the Commissioner of Mines, Government of Jharkhand made applicable to all such minor minerals lessees.

2. The relevant provisions of Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and Section 25/26 of the Water (Prevention and Control of Pollution Act), 1974 are quoted herein below:

“Section 21 of the Act, 1981:- Restrictions on use of certain industrial plants. (1) Subject to the provisions of this section, no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area;

Provided that a person operating any industrial plant in any air pollution control area immediately before the commencement of section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987(47 of 1987), for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent within the said period of three months, till the disposal of such application.]

(2) An application for consent of the State Board under subsection (1) shall be accompanied by such fees as may be prescribed and shall be made in the prescribed form and shall contain the particulars of the industrial plant and such other particulars as may be prescribed;

Provided that where any person, immediately before the declaration of any area as an air pollution control area, operates in such area any industrial plant, [***] such person shall make the application under this subsection within such period (being not less than three months from the date of such declaration) as may be prescribed and where such person makes such application, he shall be deemed to be operating such industrial plant with the consent of the State Board until the consent applied for has been refused.

(3) The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to in subsection (1) and in making any such inquiry, shall follow such procedure as may be prescribed.

(4) Within a period of four months after the receipt of the application for consent referred to in subsection(1), the State Board shall, by order in writing, [and for reasons to be recorded in the order, grant the consent applied for subject to such conditions and for such period as may be specified in the order, or refuse such consent;]

[Provided that it shall be open to the State Board to cancel such consent before the expiry of the period for which it is granted or refuse further consent after such expiry if the conditions subject to which such consent has been granted are not fulfilled;

Provided further that before cancelling a consent or refusing a further consent under the first proviso, a reasonable opportunity of being heard shall be given to the person concerned.]

(5) Every person to whom consent has been granted by the State Board under subsection (4), shall comply with the following conditions, namely;

(i) the control equipment of such specifications as the State Board may approve in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on;

(ii) the existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board;

(iii) the control equipment referred to in clause (i) or clause (ii) shall be kept at all times in good running condition;

(iv) Chimney, wherever necessary, o