JUDGMENT :

D.M. Patnaik, J. - Puri Hotel at Puri through its manager, petitioner No. 1 assails the order of the Orissa State Pollution Control Board (for short, the 'Board') directing to close down the hotel for allegedly violating the provisions of the Water and Air (Prevention and Control of Pollution) Act, 1974 (Act No. 6 of 1974) (for short, the 'Act').

2. Petitioners' case is, the hotel is a premier hotel of repute carrying on business in hotel industry since last more than 40 years it has been awarded various tophies for its performance in hotel industry. Being a premier hotel of the State, it has taken utmost care to keep the industry free from all types of pollution. Its trade effluent from bath-room and kitchen etc. is driven to the pits dug and from there through its own sewer to the municipal drain.

It is further case of the petitioner that notwithstanding the fact that the petitioner-hotel is not a polluting unit, the Board (opp. party No. 5) under Annexure-1 dated 23-6-1993 and Annexure-4 dated 23-5-1994 asked the petitioner-hotel to apply for consent as required under Sections 25 and 26 of the Act. Accordingly, petitioner No. 1 applied for such consent with requisite fee