Ocl India Ltd. v. Cess Appellate

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.15805 of 2006 OCL India Limited and another ....

Petitioners Mr. S.P. Sarangi, Advocate -versusThe Cess Appellate Committee, State Pollution Control Board, Orissa and another ....

Opposite Parties Mr. S.P. Mohanty, Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE A.K. MOHAPATRA Order No.

ORDER

03.03.2022 08.

1. Learned counsel appearing for the Petitioners seeks leave to withdraw the present petition with liberty to file an appeal as provided under Section 13 of the Water (Prevention and Control of Pollution) Cess Act, 1977.

2. If such appeal is filed not later than 4th April 2022 accompanied by an application for condonation of delay, explaining the delay on account of the pendency of the present petition, the appellate authority will consider the same in accordance with law. The interim order passed by this Court on 8th March 2007 will continue till such time the appellate authority passes an order on the application to be filed for interim relief along with the appeal provided that the appeal is filed within the time stipulated. The Court clarifies that it has not expressed any view in the matter.

3. The writ petition is accordingly disposed as withdrawn with liberty as prayed for in the above terms.

4. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (A.K. Mohapatra) Judge S.K. Guin