Raghunath Maity vs Deepak Kumar Das And Ors

The issue involved in the case is the illegal operation of rice husking mill on Plot No. 165 on Mouja, Meghadangar, J.L.N. 92 which is stated to be a Government land, only on the strength of consent to establish granted in respect of Plot No. 165 when the mill is actually situated in Plot No. 164. As per the searching slip of the BL & LRO Panskura-1, Plot Nos. 164 and 165 belong to the irrigation and Waterways Department, Government of West Bengal. It is alleged that the consent to establish was obtained by the Respondent No. 1 by suppression of material facts. Cognate to his assertion is that the nature of the land in question is a river bandh. It is contended that the Respondent No. 1 has still not obtained consent to operate to run the mill.

By order dated 19.04.2018, action was directed to be taken by the State Pollution Control Board against the mill in exercise of powers conferred upon it under the environmental laws more particularly the Air (Prevention And Control of Pollution) Act, 1981 as the unit was found to be non-compliant.

When the matter was placed before us on 02.04.2019 after hiatus of almost a year, a status report was called for from the State Pollution Control Board to ascertain as to whether the rice mill was still in operation without necessary clearances. It was also directed to verify as to whether environmental compensation had been recovered from the rice mill. Report was accordingly filed on 19.09.2019 whereby it had been stated that closure order and order of disconnection of electricity had been issued against the unit from 09.04.2019 and compliance report dated 19.09.2019 had been received from the Superintendent of Police, Purba Medinipore confirming closure of the unit. It is stated that steps shall be taken for recovery of environmental compensation.

Report filed on 27.11.2019 by the State Pollution Control Board confirms that directions have been issued against the unit to pay environmental clearance of Rs. 70,500/- and appropriate application has been filed before the District Magistrate for recovery of the environmental compensation.

In view of the above nothing further would survive for consideration in the matter accept to direct the State Pollution Control Board to ensure that the environmental compensation is recovered and the unit is not permitted to operate.

In view of above Original Application No. 137/2017 (EZ) is disposed off with no order as to costs.