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 the first hour of 10.8.2010. Since the order in Annexure-7 clearly discloses the reason for revocation of the consent, the appellant treating Annexure-7 as the notice to show cause file show cause reply, if any, within seven days of his appearance. The R.O. and the Revenue Authority shall make measurement regarding the distance of the unit from the nearby village in presence of the appellant and take a decision on the same by end of September, 2010 taking into consideration the siting criteria prescribed by the State Govt.”

3.Pursuant to the aforesaid order, the appellant filed its show cause reply, vide Annexure-4, whereafter respondent no.2-the Regional Officer along with Tahasildar, Hindol, conducted a joint inspection on 15.9.2010. On the basis of the said joint inspection report and keeping in view the revised siting criteria notified by the State Govt. in the Forest and Environment Department vide the order dated 6.8.2010 (Annexure-6), the Regional Officer by the impugned order dated 28.9.2010 (Annexure-5) revoked the consent to operate granted in favour of the appellant unit. It would be apposite to quote herein below the aforesaid order of revocation in extenso :

“The joint inspection on the distance measurement of the unit from the nearby habitation/village was conducted on 15/9/2010 by the Tahasildar, Hindol and the Regional Officer, Pollution Control Board, Angul in your presence in pursuant to the direction of the Hon’ble Appellate Court dt.31/7/2010 in appeal no.3A of 2010. The copy of the Joint Inspection Report is enclosed for your reference.

It is brought to your notice that the distance of the crusher from plot no.3903 (Kaladamini Thakurani) of Dullavpur hamlet (Revenue village Thokar) is 388 meters, which does not comply to the revised siting criteria vide order no.ENV.I-19/2010 18226 of F&E, Govt. of Orissa Dt.6/8/2010.

Consent to operate in favour of the unit upto 31/3/2010 issued vide this office letter no.684 dt.20.3.08 is hereby revoked and it is instructed to stop operational activities immediately.

It is also to inform you that as per the recent direction of the Hon’ble High Court dt.4/8/2010 passed in WPC No.9101/2009-M/S. Trishakti Stone Crushing Unit and others vrs State of Orissa and Others that all stone crushing units which are operating without complying with the siting criteria and without approval of the State Pollution Control Board shall stop functioning and to relocate the present site as per the direction of the Hon’ble High Court.”

4.During the course of hearing of this appeal, considering the submissions of the learned counsel for the parties and as there were contradictory reports as to the distance of the unit from habitation, we directed the Regional Officer as well as the Tahasildar, Hindol by our order dated 11.