JUDGMENT

1. This application has been filed with the prayers that Respondent No. 1/Chairman, Shree Siddheshwar Sakhar Karkhana Ltd. be directed to stop its functioning; Respondent No. 1 be directed to re-arrange its sugar factory’s set up and relocate the chimney at permissible height; and environmental compensation be levied from the Respondent No. 1 for supporting its operation illegally without obtaining necessary permissions, NOC and Environmental Clearance from the Competent Authorities.

2. In brief the facts of this case are that Respondent No. 1/Chairman, Shree Siddheshwar Sahakari Sakhar Karkhana Ltd. is running its sugar factory at Kumthe, Solapur, where-in it has erected a chimney of 90 meters height without following due process of law and also it is not following norms of the MPCB, resulting in environmental degradation. The Respondent No. 1 is responsible to provide ports in the chimney and facility such as ladder, platform etc. for monitoring the air emission. The height of chimney is very important regarding the fugitive emissions, which are emerging from sugar dust emanating from sugar grader. The SO emissions also happen from sulphar burner.

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3. It is further mentione