HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition(PIL) No. 18120/2024
1. Kishan Gopal Gurjar S/o Shri Ram Jivan Gurjar, Aged About 48 Years, R/o 19, Shivaji Nagar, District Dudu (Rajasthan) Profession- Agriculturist
2. Buddhalal S/o Shri Norat Mal Harijan, Aged About 53 Years, R/o Balmiki Basti, Shivaji Nagar, District Dudu (Rajasthan) Profession- Private Job
3. Amit Joshi S/o Shri Suresh Chand, Aged About 51 Years, R/o Kalo Ka Mohalla, District Dudu (Rajasthanf) Profession- Agriculturist
4. Vishan S/o Shri Dev Karan, Aged About 51 Years, R/o 471, Gurjar Mohalla, District Dudu (Rajasthan) Profession- Agriculturist
5. Tarun Kumar Kumawat S/o Shri Dilip Kumar Kumawat, Aged About 51 Years, R/o Mahaveer Colony, Naraina Road, District Dudu (Rajasthan) Profession- Businessman
6. Avadhesh Sharma S/o Shri Mohan Lal Sharma, Aged About 30 Years, R/o Near Jagat Sharvan Mandir, Tehsil Mojamabad, District Dudu (Rajasthan) Profession- Businessman ----Petitioners
Versus
1. State Of Rajasthan, Through Additional Chief Secretary, Environment Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Rajasthan Pollution Control Board, Jaipur, Through Its Chairperson, Address, 4 Jhalana Institutional Area, Jhalana Doongri, Jaipur (Rajasthan)
3. The Member Secretary, Rajasthan Pollution Control Board, Address- 4, Jhalana Institutional Area, Jhalana Doongri, Jaipur (Rajasthan)
4. District Collector, District Dudu (Rajasthan)
5. Sub- Divisional Officer, District Dudu (Rajasthan)
6. Tehsildar, Tehsil And District Dudu (Rajasthan)
7. M/s Parc Technology Private Limited, Situated At Plot No. H-1- 31-32, Riico Industrial Area, Dudu (Rajasthan) Through Its Wholetime Director And Key Managerial Person Shri Mukesh Agarwal.
----Respondents
For Petitioner(s) : Mr. Nitesh Pareek
For Respondent(s) : Mr. Mihir Katta &
Mr. M.K. Dhakad with
Mr. Neeraj Sharma, R.O.
(South),RSPCB, Jaipur being OIC
present in person
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS
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(2 of 2)
[CW-18120/2024]
Order 13/12/2024
1. Heard.
2. This PIL has been filed seeking issuance of direction for closure of the hazardous industrial activity carried on by respondent No.7 resulting in acute pollution in and around the area where the petitioners reside.
3. This Court directed learned counsel for the Pollution Control Board on 10.12.2024 to seek instructions in the matter.
4. Today, Mr. Neeraj Sharma R.O. (South), Raj. State Pollution Control Board, Jaipur being Officer incharge is present in the Court along with records of the case. He States that in fact, consent to operate in respect of respondent No.7 has already been cancelled on 01.02.2024 and recently in the month of November, 2024, a complaint was received with regard to illegal operation of the industrial activity, whereafter again action has been taken and now, the machinery has been seized.
5. Learned counsel for the petitioners submits that at this stage, the petitioners may be permitted to withdraw the instant PIL with liberty to revive in case, respondent No.7 attempts to carry on the industrial activity.
6. Placing on record the submission made by respective parties, particularly Mr. Neeraj Sharma R.O. (South), Raj. State Pollution Control Board, Jaipur being Officer incharge, we are not inclined to proceed further in the matter and the PIL at this stage is dismissed as withdrawn.
(UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ
N.Gandhi/Gaurav/209
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