JUDGMENT

JUSTICE B.P. DAS, CHAIRMAN, J. — The appellant, M/s. Sarala Stone Crusher represented by its occupier-Shri Biswaranjan Sahoo of Village Gudiakateni, District Dhenkanal, has preferred this appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 assailing the legality and validity of the order dated 28.9.2010 passed by the Regional Officer, State Pollution Control Board, Orissa, at Angul, in Annexure-5, revoking the consent to operate granted in favour of the appellant unit by letter no.684 dated 20.3.2008, which was valid upto 31.3.2011.

2.The appellant had earlier preferred an appeal being Appeal No.3-A of 2010 challenging the order of revocation of consent to operate dated 17.6.2010. As opportunity of hearing was not given to the appellant while passing the aforesaid order of revocation, the same was set aside by our order dated 31.7.2010 holding the followings vide paragraph 7 :

“In that view of the matter, we have no hesitation to set aside the impugned order of revocation of consent to operate in Annexure-7. Accordingly, we set aside the impugned order of revocation in Annexure-7 and direct the appellant to appear before the Regional Officer in