Goa State Pollution Control Board vs. Balaji Metals. Country/Territory India Type of court National - higher court Date Aug 16, 2009 Source UNEP, InforMEA Court name Mumbai High Court Seat of court Goa Judge Deshmukh, S.B.Salvi, U.D. Language English Subject Air & atmosphere, Environment gen. Keyword Air quality/air pollution Air pollution (stationary sources) Abstract The respondent is a partnership firm, in favour of which a consent to operate the industry has been renewed by the Goa State Pollution Control Board on 28th May, 2009 under the provisions of the Air (Prevention and Control of Pollution) Act, 1981. On July 31, 2009, inspection of the respondent's unit was conducted by the officials of the Board. The said report allegedly shows gross violations of the conditions contained in the renewed consent order dated 28.5.2009, issued by the Pollution Control Board to the Unit. It is further contended by the respondent that the Pollution Control Board i.e. the petitioner in this petition, issued directions/order to the respondent to suspend the operations of the unit. The respondent filed an appeal against the Order of the Board dated 13th August, 2009 (Pollution Appeal No. 2/09) before the Administrative Tribunal, Panaji Goa, whicht, on August 13, 2009, passed an order staying the operation of the directions/Order dated August 10, 2009. It is against this order of the Tribunal the petitioner has filed the present petition. The High Court decided to quash and set aside the order passed by the learned Administrative Tribunal dated 13.8.09, principally, for deciding issue on merits and/or by a reasoned order, by the Petitioner Board, which has called upon the respondent company to show cause. If the matter is simply remanded to the Administrative Tribunal it would not be expedient and in the interest of justice qua the parties and the citizens who, in fact, are not parties to these proceedings, but whose existence and rights cannot be forgot. Therefore, the issue needs to be resolved by the competent Authority i.e. the Goa State Pollution Control Board, in view of the issuance of the show cause notice to the respondent. The show cause notice, issued by the petitioner Board, needs to be replied by the respondent Company and the Board and/or competent authority of the Board shall pass a reasoned order, after giving opportunity of being heard to the respondent Company.. In case the order passed is adverse to the respondent, the Court is inclined to grant protection in favour of the respondent company for a period of one week from the date of service of such order to the respondent. Till disposal of the show cause notice and service of such order to the respondent, as also the protection of one week, the interim decision issued by the Board in respect suspension of the operation of the unit and disconnection of the electric supply to the respondent Company, shall be kept in abeyance. Full text COU-155948.pdf Website www.nlsenlaw.org