Orissa State (Prevention and Control of Pollution) Board v. Orient Paper Mills and Anr

Orissa State (Prevention and Control of Pollution) Board v. Orient Paper Mills and Anr

 

This is an appeal preferred by the Orissa State (Prevention and Control of Pollution) Board (for short, “Board”), against the judgment of the Orissa High Court passed in Criminal Revision, upholding the order passed by the Addl. Sessions Judge Rourkela, quashing the charges framed against the respondent under Section 37(1) of the Air (Prevention and Control of Pollution) Act, 1981 (for short “the Act”).
Sessions Judge set aside the order passed by the Magistrate and allowed the revision, taking the view that the State Government could notify an area as Air Pollution Control Area only in the manner prescribed under the Rules. In absence of rules it could not be done. Therefore there was no prima facie case against the Respondent for violation of Section 21 and 22 of the Act. The order passed by the Addl. Sessions Judge has been upheld by the High Court with an observation that there was no illegality or irregularity in the order.
The whole working and functioning of the Act which is meant for controlling the air pollution cannot be withheld and rendered nugatory only for the reason of absence of the rules prescribing the manner declaring an air pollution control area which otherwise is provided to be notified by publication in an official gazette which has been done in this case.

Accordingly the court allowed the appeal and set aside the order passed by the learned Additional Session Judge in revision and the order of the High Court affirming the same.