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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Shivom Minerals Ltd., Rourkela, Sundargarh – Appellant
Versus
Member Secretary, Odisha State Pollution Control Board, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. factual background of the writ petition. (Para 2) |
| 2. arguments presented by the petitioner. (Para 3 , 4) |
| 3. court's reasoning regarding statutory timelines. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. ratio decidendi focusing on statutory approval timelines. (Para 12 , 19) |
| 5. conclusion dismissing the writ petition. (Para 20 , 21 , 22) |
JUDGMENT :
S.K. Panigrahi, J.
1. The Petitioner in the present Writ Petition seeks a direction to the Opposite Parties to grant formal approval of the Consent to Operate in respect of his online application No. 6003945 dated 04.12.2024.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the caseare asfollows:
(i) The Petitioner is a Public Limited Company incorporated under the Companies Act, 1956.
(ii) The Petitioner has been operating an Iron Ore Beneficiation Plant at Koira, District Sundargarh, since the year 2005-2006, under a valid Consent to Operate dated 12 June 2020 which has been renewed from time to time.
(iii) In 2012–13, the Petitioner undertook modernization of the existing unit without any increase in production capacity. Following this, the Consent to Operate was renewed on 28.05.2013.
(iv) In 2015, to
The statutory timelines provided by pollution control legislations govern consent approvals, overriding administrative deadlines, with deemed approval claiming misinterpretations rejected.
The court held that the U.P. Pollution Control Board exceeded its authority in revoking the consent to operate without evidence of non-compliance, affirming that prior approvals remained valid.
Point of Law; General rule, the Courts consider it expedient in the interest of justice to start prosecution as contemplated by Section-476 of the old Code i.e., Code of Criminal Procedure, 1898, whi....
Environmental Clearance – Where adverse consequences of denial of ex post facto approval outweigh consequences of regularization of operations by grant of ex post facto approval, and establishment co....
(1) Environment (Protection) Act, 1986 does not prohibit ex post facto Environmental Clearance – Grant of ex post facto EC in accordance with law, in strict compliance with Rules, Regulations, Notifi....
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