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Judgment
These applications have been filed against orders of the State PCB dated 29.01.2021 requiring the applicants to seek clarification about orders of this Tribunal/High Court prohibiting establishing new industries in Balotra Industrial Area in Rajasthan till there is a capacity of CETP to handle the trade effluent generated (in the first matter) and till shifting of the unit from the non-conforming area to the conforming area and till there is a capacity of the CETP in the area to treat the trade effluent.
We are of the view that the State PCB has no jurisdiction to direct any party to move this Tribunal or High Court and has to proceed as per law, including orders of this Tribunal/High Court. If it finds a case for seeking clarification, it has to seek such clarification itself. After hearing learned Counsel for the applicants, we do not find any case for clarification as the orders are absolutely clear. In the garb of seeking clarification, no other issue can be gone into
Further, in OA No. No. 34 (THC)/2014, Digvijay Singh vs. State of Rajasthan & Ors. wherein interim order has been passed, hearing has been completed on 23.11.2021 and order reserved.
Thus, without expressing any opinion on merits of claim of the applicants for grant of consent to establish, these applications are disposed of so that the Board may deal with the matter in accordance with law.
In view of order passed in the main application, IA No. 07/2021 also stands disposed of.,