Tatyasaheb Kore Warana S.S.K. Ltd vs Sharad Baburao Patil & Ors on 16 December, 2009

                                                     1

                      IN THE SUPREME COURT OF INDIA

                       CIVIL APPELLATE JURISDICTION

                I.A.No.2 WITH I.A.Nos.3-6 & 8-10 & 11-12
                         in I.A.No.2 & I.A.No.7
                                    IN
                      CIVIL APPEAL NO.5343 OF 2007

TATYASAHEB KORE WARANA S.S.K.LTD.                           ... APPELLANT(S)

                VERSUS

SHARAD BABURAO PATIL & ORS.                                 ... RESPONDENT(S)

WITH I.A.Nos.2-3 in C.A.Nos.5413-5414/2007

                                    O R D E R

Heard both sides.

The Maharashtra Pollution Control Board has filed a
statement to the effect that the petitioner/appellant has complied
with the directions of this Court and has installed the ESPs. The
latest report by the Regional Officer is to the following effect :

“i) The work of installation of ESP No.1
(310A-1) for the Boiler NO.1 (MR 10652), Boiler No.2
(MR 8530), and Boiler No.4 (MR 9730) has been
completed and it was found in operation for trial
runs;

ii) The work of installation of ESP No.2
(310-B) for the Boiler No.3 (MR 9443) has been
completed and it was found in operation for trial
runs;

iii) The work of installation of ESP No.3
(310A-2) to the Boiler NO.5(MR 11835) and Boiler
No.6(MR 13027) has been completed and it was found in
operation for trial runs. A copy of the said report
is enclosed and marked as an Exh.1.

iv) The Board has carried out stack
monitoring of source emission at ESPs installed to the
Boilers 1,2, 4 and 3 on 24.11.2009 and 2.12.2009. The
analysis results of total particulars matter emission
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are within permissible limit of 150 mg/Nm 3 which are
general emission standards, as per the Environment
(Portection) Rules, 1986 stipulated as a condition in
the consent. Copies of reports of air emissions from
ESPs attached to boiler Nos.12, 4 and 3 carried out on
24th November, 2009 and 2.12.2009 are enclosed and
marked as an Exh.II.”

Learned counsel for the respondents disputes the
genuineness of this certificate and says that the ESPs have not been
installed. The Maharashtra Pollution Control Board, being a
statutory authority, cannot be disbelieved. Having regard to this
fact, these applications are disposed of with a direction that the
company would be at liberty to carry on with the crushing work.

………………CJI
(K.G. BALAKRISHNAN)

……………….J.

(ASOK KUMAR GANGULY)

……………….J.

(Dr. B.S. CHAUHAN)

NEW DELHI;

16TH DECEMBER, 2009