Other States - Orissa   

High Court upholds notification on pollution

BHUBANESWAR: The Orissa High Court has upheld the validity of notification declaring the entire State air pollution control area under Air (Prevention and Control of Pollution) Act, 1981.

As many as 13 stone crusher units have approached the High Court seeking quashing of the notification that declared the entire State air pollution control area. The petitioners also challenged State government’s authority to declare any area within the State pollution control area.

Adjudication the matter, a division bench comprising Justice A. K. Samantray and Justice I. M. Quiddusi also dismissed the prayer of stone crusher units which sought relaxation as being provided by neighbouring states such as Chhattisgarh and Andhra Pradesh. Pointing out that environment of every state was different, the division bench observed, “the norms fixed by Chhattisgarh State certainly would not be similar to those of Andhra Pradesh. In such circumstances, Orissa has to fix its criteria according to the environment of the State.”

The High Court, however, gave more time to four stone crusher units to respond to closure notices slapped by Orissa State Pollution Control Board (OSPCB). Welcoming the verdict, OSPCB Law Officer B. P. Pattajoshi said, “the court order vindicated our stand. Every stone crusher unit will have to abide by the existing norms.”

“No stone crusher will be allowed within one km from a town or village boundary. They cannot even operate within 500 metre from national or state highways,” Mr. Pattajoshi said.

The OSPCB has so far identified 1,300 stone operating units in the State. Of them 600 units are said to have violated the State government’s notification on siting norms. “We have served closure notices to more than 200 stone crusher units who were violating the criteria,” the law officer said.

Mr. Pattajoshi said while about 100 stone crusher units were able to secure stay order against closure notices, warnings to rest were in various stages of implementation. Sources in OSPCB, however, said the district administrations had failed to enforce closure notices against stone crushers units. About 50 to 60 notices could not be executed in Jajpur district alone. Similarly, a stone crusher unit was still operating despite adverse direction from Supreme Court.

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