JUDGMENT M/s. Maa Dakhinakali Stone Crusher, at & P.O. Biruda, Dist. Nayagarh, along with its Proprietress Smt. Umamani Mandal has filed this appeal under Sec. 31 of the Air (Prevention and Con¬trol of Pollution) Act, 1981 (in short ‘Air Act’) challenging the order dated 20.1.2005 passed by the State Pollution Control Board, Orissa, (in short ‘the Board’) under Sec. 21 thereof refusing consent to operate the stone crusher unit and directing the appellants to shift the said unit to a suitable location meeting the siting criteria prescribed by the Govt. of Orissa and further directing to stop operation of the crusher with immediate effect, vide Annexure-11. The aforesaid order was passed on the inspection report of its Regional Officer finding that the appel¬lant unit has violated the siting criteria in regard to its distance from the nearest village. 2. In the aforesaid appeal, the appellants have raised dispute with regard to the distance of the crusher unit from the nearest village Biruda, as indicated by the Regional Officer of the Board in the inspection report, and claimed that the location of the unit is more than one kilometer from village Biruda and, therefore, the appellant unit has not violated the siting crite¬ria. Shri Pattajoshi, learned Law Officer of the respondent-Board, submits that since the appellant unit as per the inspection report of the Regional Officer of the Board is located at a distance of 400 mtrs. from the nearest village Biruda, and does not conform to the siting criteria in respect of its distance from the nearest village, action as per the impugned order has been taken against the unit. 3. The notification dated 13th May, 1998 issued by the State Govt. in Forest & Environment Department provided that no stone crusher shall be allowed within one kilometer from a town or village boundary. Considering the nature of dispute involved in this appeal and pending disposal of the same, this Authority called upon the Revenue Authorities to indicate the distance of the crusher unit from the nearest village. As the report of the local Tahasildar and the Collector was not satisfactory, this Authority ultimately by its order dated 17.11.2007 directed the Secretary to the Govt. As the report of the local Tahasildar and the Collector was not satisfactory, this Authority ultimately by its order dated 17.11.2007 directed the Secretary to the Govt. of Orissa, Revenue Department, to issue appropriate direction to the Collector for measurement of the aerial distance of the appellant crusher unit from revenue village Biruda, and if required, also to issue appropriate direction to the Collector for taking the assistance of the Survey of India for measurement of such aerial distance. In response to the aforesaid direction, the Under Secretary to the Govt. in Revenue and Disaster Management Department has addressed a letter dated 18.1.2008 to the respondent-Board enclosing there¬with the letter of the District Collector dated 16.1.2008. The said letter alongwith the enclosures is produced before us today by the learned Law Officer of the Board. In the aforesaid communication it is indicated that the appellant unit stands over plot Nos. 3410, 3412, 3413 and 3426 in holding No. 12291350 in village Biruda and is situated at a distance of 375 mtrs. from the Basti site of village Biruda, as ascertained from the map of the village. 4. At this stage, learned Law Officer of the Board, draws our attention to the judgment dated 5.2.2004 passed in W.P.(C) No. 5801 of 2003 (Rama Chandra Singh v. State of Orissa and others), wherein the Hon’ble High Court of Orissa taking serious note of the violation of the siting conditions stipulated for establishment of crusher units allowed the writ petition filed against the establishment of the crusher unit by O.P.No. 5 and quashed the permission granted to establish the stone crusher and directed the State Govt. to take appropriate action to remove the stone crusher from the alleged site, i.e. village Chandipur. Against the aforesaid judgment, O.P.No. 5 preferred S.L.P. (C) No. 6660/2006 before the Hon’ble Supreme Court but the same ended in dismissal by order dated 8.9.2006. The aforesaid judgment is indicative of the concern of the Hon’ble High Court as well as the Supreme Court as regards the violation of the siting criteria by the crusher units which are the most air polluting industries. 5. In the case at hand, the latest report of the Revenue Department shows that the appellant unit is situated at a dis¬tance of 375 mtrs. from village Biruda. 5. In the case at hand, the latest report of the Revenue Department shows that the appellant unit is situated at a dis¬tance of 375 mtrs. from village Biruda. There is nothing to dispute the aforesaid report of the Revenue Department because for measuring the distance, usually aid of Revenue Officer is taken. So there is nothing to disbelieve the report submitted by the Revenue Department. In view of the aforesaid report, we hold that the appellant unit has violated the siting criteria in regard to its location from the nearest village-Biruda and there is, no infirmity in the impugned order passed by the Board in Annexure-11. 6. For the reasons stated above, the appeal being devoid of any merit is dismissed. The interim order stands vacated. Appeal dismissed.