Orissa State Pollutin Control Board

Legal Matter

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ACTIVITIES OF THE LEGAL BRANCH FOR THE PERIOD 2006 – 07

Sl. No.	Name of the Court	No. of Cases
		Filed	Disposal
A	Lower Court (SDJM)
1.	Water (PCP) Act	00	01
2.	Air (PCP) Act	Nil	Nil
3.	Environment (Protection) Act	05	Nil
B	High Court
1.	PIL	08	01
2.	Writ	25	15
C	Supreme Court
1.	PIL	Nil	Nil
2.	Writ	Nil	Nil
D	Other Court
1.	Civil Suit	01	Nil
2.	Consumer Dispute Cases	03	Nil
3.	Lokpal Cases	02	Nil
4.	Cases U/S-133 CrPC	02	Nil
5.	Cases before the State Appellate Authority	23 (19 A + 04 W)	21 (18 A + 03 W)
6.	Cases before the National Appellate Authority	03	Nil

No. of omplaint received

Pending

Disposal

Public Complaint

296

151

145

Issues which have been raised in the public complaints

a) 17 categories of highly polluting industries.

b) Disposal of hazardous chemicals and hazardous wastes.

c) Stone Crusher

d) Brick kiln

e) Some public complaints are not within the purview of the Board.

f) Issues of Public Nuisance and other misc. complaints etc.

IMPORTANT ACHIEVEMENTS

1. The Hon’ble Apex Court vide their order dtd. 08.09.2006 in SLP © No.6660/06 have upheld the judgement dtd. 05.02.2004 in W.P(c) No. 5801/2003 of the Hon’ble High Court of Orissa wherein the State Govt. has been directed for removal of a stone crusher unit established in violation of the siting criteria.

2. The writ petitions filed by the Brick Kiln units in the district of Balasore for extension of time to convert moving chimney to fixed chimney were dismissed by the Hon’ble High Court of Orissa with a direction to stop operation with moving chimney.

3. The Hon’ble High Court of Orissa has disposed of the writ petitions filed by the Stone Crusher Units to file appeal before the Appellate Authority.

4. The Hon’ble State Appellate Authority have passed the following orders.

Sl. No.	Order dt.	Appeal No.	Appeal filed by	Observation.
1.	22.07.2006	06A/T/2005	M/s. Barunei Chips Crusher, Totapada, Khurda.	Set aside the direction of closure but restrained the unit from operating the plant till obtaining Consent from the Board.
2	25.11.2006	19A / 2006	M/s. Saraswati Stone Crushing Industries	Upheld the direction of the closure issued by the Board as the unit is operating without Consent of the Board.
3.	16.12.2006	11A / 2006	M/s. Venkateswar Stone Crusher unit, Semiliguda, Dist - Koraput	The Appeal filed by the Appellant was dismissed and the order of the Board for shifting to a suitable site was not interfered with.
4.	20.01.2007	22A / 2006	M/s. Sri Shankar Oram, Ex-MLA, Sundargarh.	Appeal dismissed as the same has been filed against a communication made to the Appellant which could not be said to be an order in terms of Section-31 of the Air (PCP) Act.
5	20.01.2007	6W / 2006	M/s. Hotel Heaven, Puri	Appeal dismissed as the unit has not submitted any application for grant of consent to operate.

5. The Board has disposed of a complaint filed against a chuda mill in the district of Mayurbhanj with a direction to the Proprietor of the Chuda Mill to establish either in an industrial area or any of the place far from the residential area after obtaining consent to establish/operate from the Board with a copy to the complainant. The concerned NESCO Authority sought from the unit for necessary clearance certificate of the Board within 30 days for supply of electricity.