JUDGMENT : B.S. Chauhan, C.J. - This Writ Petition has been filed for quashing the impugned notification (Annexure-2) issued by the State Government putting certain conditions for installation of stone crusher. 2. The facts and circumstances giving rise to the case are that Petitioner's association claims Societies itself registered under the Registration Act and its members are running the business of stone crusher. The association has challenged the Government Order Dated 13.5.1998 (Annexure-2) Putting the following the conditions for installation of stone crusher. (1) All stone crusher units are to conform to the pollution Control Measures and emission standards notified by the Ministry of Environment and Forest from time to time among with the standards u/s 7 of the said Act. (2) No stone crusher shall be allowed within one kilometer from a town or village boundary. (3) No stone crusher should be located within half kilometer from the National and State Highways. (4) Distance between two stone crusher units shall be at least half kilometer. Stone Crusher units which are in the aforesaid prohibited limits shall shift to other areas within six months from the date of publication of this notification in the Orissa Gazette. 3. It has been stated at the Bar that the issue involved herein has been considered by the Division Bench of this Court in Shree Jagannath Stone Crusher and Others Vs. State of Orissa and Others, and it has been held therein that the area is not be definite rather it would apply to the whole of the State. It has further been submitted that condition No. (iv) that distance between two stone crusher units shall be at least half kilometer has been subsequently deleted by the Government itself. Therefore, it is stated that during the pendency of the petition as the issue either has become infructuous by efflux of time because of subsequent development and nothing survives. In view thereof, as condition No. (iv) does not subsist and it has been held by this Court that the entire State can be declared as air pollution control area u/s 19 of the Air (Prevention and Control of pollution) Act, 1981 and other conditions imposed herein have also been upheld, nothing survives. More so, the issue involved herein has been dealt with by the Division Bench of this Court in Ambika Prasad Bhatta Vs. Nehru Paribesh Surakshya Committee and Others, . 4. More so, the issue involved herein has been dealt with by the Division Bench of this Court in Ambika Prasad Bhatta Vs. Nehru Paribesh Surakshya Committee and Others, . 4. The petition is thus dismissed. B.N. Mahapatra, J. 5. I agree. Final Result : Dismissed