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2002 Supreme(Ori) 708

P.K.BALASUBRAMANYAN, A.S.NAIDU
NEHRU PARIBESHA SURAKSHYA COMMITTEE – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
S.K. Swain, for the Appellant; Additional Government Advocate for O.Ps. 1, 3 and 4 and G. Mukherjee, for O.Ps. 5 and 6, for the Respondent

JUDGMENT :

A.S. Naidu, J. - Petitioner No. 1, a voluntary Social Organisation, espousing the cause of general public, has filed this public interest writ petition seeking direction to close down a Crusher Unit in the name and style of "M/s. Durga Stone Crusher", owned by opposite parties 5 & 6, situated at Chandra Bahal in the district of Angul. The moot question which needs to be answered in this case is, whether to preserve the environment and to control pollution, the Crusher Unit situated within the prohibited zone, as notified by the Orissa Pollution Control Board on September 11, 1998 and published in the Orissa Gazette (Annexure-5) should be closed.

2. This case has a chequered career, inasmuch as this is the third writ petition filed before this Court. Bereft of unnecessary details, the short facts which are very much necessary for appreciating the inter se disputes are :

In the year 1998 M/s. Durga Stone Crusher (opposite party No. 5) applied for grant of registration certificate to establish a Crusher Unit in village Chandra Banal. The District Industries Centre, Angul which came into existence while the application was under active consideration, made a field enquiry and is


























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