Prakash Mashala Mil vs State Of Bihar and Ors

Alok Kumar Sinha, J

Heard learned counsel for the petitioner, learned counsel for the Bihar State Pollution Control Board and learned counsel appearing on behalf of the State as well as learned counsel for the respondent No.9.

The present writ application has been filed by the petitioner challenging the letter No.138080 dated 01.07.2024 and the consequent letter No.18 dated 27.01.2025 by which in exercise of power conferred by Section 31(a) of the Air (Prevention and Control of Pollution) Act, 1981, the petitioners had been directed to close the operation of Masala Udhyog with immediate effect and in default thereof, the Board would be constraint to file complain under the relevant provisions of the said Act with other actions under other suitable provisions of Environment Act, 1986.

During the course of argument, learned counsel for the petitioners submits that as a consequence of the above orders issued by the respondent-authorities, the shop of the petitioners were forcibly sealed on 06.02.2025. In response to the same, the petitioner had filed a representation before the Chairman of the Pollution Control Board on 03.03.2025 (Annexure P/4) in which the petitioners gave an undertaking that the petitioners are ready to do some other business and, therefore, their shops should be unsealed allowing them to do other business other than the business of Masala Udhyog. In light of this undertaking given by the petitioners vide Annexure P/4, the Pollution Control Board in its counter affidavit in paragraph 10 has stated as follows :-

“10. That the petitioners in their supplementary affidavit have categorically taken a stand that they are not going to operate griding unit/masala mill and rather use the sealed premises for operating a shop/kirana shop. In light of above, it is stated that in case the petitioners wish to operate standalone shop with no grinding activity then the State Board has no objection and the petitioners may be permitted to do the same.”

Learned counsel for the petitioner once again submitted before this Court that they stand by the undertaking given to the Pollution Control Board that they will not do the business of Masala Udhyog any more and, therefore, their shops to be directed to be unsealed.

From the aforesaid statement made by Bihar State Pollution Control Board, it is clear that the Bihar State Pollution Control Board has no objection to the proposal and undertaking of the petitioners and hence both the parties pray that the present writ application be accordingly disposed of.

Considering the submissions and undertaking of the petitioners as expressed in Annexure P/4 and also the statement of the Pollution Control Board made in paragraph 10 of its counter affidavit as quoted hereinabove, the present writ application is disposed of directing the Pollution Control Board and respondent No.4 and 5 to unseal the shops of the petitioners for allowing them to do any other business lawfully other than the business of granding of Masala / Masala Udhyog. After the shops have been unsealed and handed over to the petitioners, if the Pollution Control Board finds that the petitioners are violating the undertaking given by them, they will be well within their power to take appropriate action under the law for once again closing the operation of the shops in question.

The shops, in question, must be unsealed and handed over to the petitioners within 15 days of passing of this order.

With the aforesaid observation and direction, this writ application is disposed of.