M/S Jai Balaji Industries Limited v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. ( C ) No.

of 20 1 8 M/s Jai Balaji Industries Limited, a company incorporated under the Companies Act, 1956, having its registered office at 5, Betnick Street (West Bengal), Through its Authorised Signatory, Mr. Ajay Tantia, Company Secretary, at Jai Balaji Industries Ltd., Kolkata ---- Petitioner

Versus

1. State of Chhattisgarh, Principal Secretary, Indravati Bhawan, Block-B, Naya Raipur Chhattisgarh -492002

2. Principal Secretary, Environment, State of Chhattisgarh, Indravati Bhawan, Block-B, Naya Raipur, Chhattisgarh -492002

3. Executive Engineer, Chhattisgarh State Power Distribution Company Limited, Padnabhpur, District Durg (C.G.)

4. Regional Officer, Chhattisgarh Envirnment Conservation Board, 5/32, Bungalows, Bhilai, District Durg (C.G.) ---- Respondent For Petitioner : Dr. N.K. Shukla, Senior Advocate with Shri Ankit Pandey, Advocate.

For State : Mr. D.R. Minj, Dy. Govt. Advocate.

For Respondent No. 4 : Mr. Sudhir Bajpai, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 1 /201 (1) Learned Senior Counsel appearing for the petitioner would submit that by order dated 26th April, 2017, Central Pollution Control Board in exercise of powers vested under Section 5 of the Environment (Protection) Act, 1986 directed to close down all operations till successful installation & its connectivity of Online Emission and Effluent Monitoring Systems with server of Central Pollution Control Board. He

submits that such an installation has already been made by the petitioner and it has been informed to the Central Pollution Control Board on 24th October, 2017 as well as Regional Officer, Chhattisgarh Environment Coservation Board, which is apparent from Annexures P-5 & P-6, but no decision has been taken by the Central Pollution Control Board in this regard.

(2) Be that as it may, Central Pollution Control Board is directed to consider its earlier decision dated 26.04.2017 in light of compliance said to be made and representation made by the petitioner-Company within a week from the date of production of certified copy of this order alongwith additional representation (if any) looking to the fact that all operations of the petitioner-Industry is closed pursuant to the order dated 1.1.2018 passed by Chhattisgarh Environment Conservation Board. (3) With the aforesaid observations, the writ petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge D/-