M/S Green Energy Resources vs The Member Secretary
2022 Latest Caselaw 6953 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.29176 of 2022
        M/S Green Energy Resources,         ....        Petitioner
        Sambalpur, Odisha
                                 Mr. Lalit Kumar Mohapatra, Adv.
                                -versus-
        The Member Secretary, State      ....     Opposite Parties
        Pollution Control Board,
        Orissa, Bhubaneswar and Anr.



                CORAM:
                DR. JUSTICE S.K. PANIGRAHI
                              ORDER

Order                        29.11.2022
No.                    WP.(C) No.29176 of 2022

01. 1.This matter is taken up through hybrid arrangement.

2. Heard.

3. In this Writ Petition, the Petitioner challenges the

judgment dated 23.08.2022 passed by the Appellate

Authority, constituted under Water (Prevention &

Control of Pollution) Act, 1974 and Air (Prevention &

Control of Pollution) Act, 1981 in Appeal No.3W of 2019

and Appeal No.2A of 2019 wherein the Opposite Party

No.1/ State Pollution Control Board has been directed to

relook into its notified guidelines prescribing a limit of

200% of total Spent Plot Lining production for regulating

the Consent to Establish primarily on the ground that

// 2 //

such direction was passed without providing an

opportunity of hearing to the Petitioner who was

intervenor then.

4. In such view of the matter, let notice be issued to the

Opposite Parties through Registered Post with

A.D./Speed Post. Postal requisites shall be filed within

three working days hence.

5. List this matter on 22nd December, 2022.

(Dr. S.K. Panigrahi) Judge

I.A. No.14978 of 2022

02. 1.This I.A. has been filed by the Petitioner to stay

operation of the judgment dated 23.08.2022 passed by the

Appellate Authority, constituted under Water

(Prevention & Control of Pollution) Act, 1974 and Air

(Prevention & Control of Pollution) Act, 1981 in Appeal

No.3W of 2019 and Appeal No.2A of 2019.

2. Heard.

3. Considering the submissions and the averments made

in the I.A., prayer is allowed. Accordingly, it is directed

that operation of the judgment dated 23.08.2022 passed

// 3 //

by the Appellate Authority, constituted under Water

(Prevention & Control of Pollution) Act, 1974 and Air

(Prevention & Control of Pollution) Act, 1981 in Appeal

No.3W of 2019 and Appeal No.2A of 2019 shall remain

stay till the next date.

4. Urgent certified copy of this order be granted on

proper application.

(Dr. S.K. Panigrahi) Judge

B.Jhankar