CIVIL APPEAL Nos. 207/2005 & 208-211/2005:
An affidavit has been filed on behalf of the State of Rajasthan - respondent
No. 5 herein, referring to a report of the Rajasthan State Pollution Control Board
(hereinafter referred to as 'the Board'). The said affidavit be taken on record.
The views of the Board, as per the said affidavit, are indicated in its letter
dated 31.3.2009 addressed to Senior Additional Director (Officer-in-Charge), Office of
the Commissioner of Industries, Udyog Bhawan, Tilak Marg, Jaipur.
Learned counsel appearing on behalf of the appellant Association stated that
the members of the Association are agreeable to act in terms of the recommendations
of the Board. It needs to be noted that the State had accepted the views and
recommendations of the Board and follow up action has to be taken by the concerned
industries.
We, therefore, dispose of the writ petition(s) with the direction that in case the requisite norms fixed by the Board are fulfilled by any industry, whose case is
being espoused by the appellant Association, necessary permission to continue shall be
granted to it, if otherwise there is no violation of any norms or any statutory
prescription. The Board and the State shall make joint enquiries in future to see that
the requisite norms are being followed and, in case, there is any deviation or
infraction therefrom, it shall be open to the Board or the State, as the case may be, to
take action as available in law.
The appeals are disposed of accordingly.
C.A. Nos. 213/2005, 214-215/2005 and 216-217/2005 be delinked and listed in
August, 2009.