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2017 DIGILAW 1727 (RAJ)

MUKESH MEENA v. STATE OF RAJASTHAN

2017-08-03

PRADEEP NANDRAJOG, VIJAY KUMAR VYAS

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ORDER : 1. Heard learned Counsel for the parties. 2. Filed in public interest, grievance raised is that on agricultural land around the City of Jaipur, contrary to the land revenue laws, buildings are being constructed in which industrial activity is being carried out. Textile units have been established. Dyes and chemicals are used by these units. The effluent discharge is full of hazards causing soil and water pollution. Plastic generated as garbage is burnt openly. The factories are emanating smoke. No permission from the Pollution Control Board has been taken by these factories. 3. In the reply filed by the respondents the averments made in the writ petition are not controverted. 4. A Division Bench of this Court in its decision dated March 07, 2003, Vijay Singh Punia v. Raj. State Board for the Prevention and Control of Water Pollution & Ors.. had considered a public interest litigation concerning the conversion of agricultural land without permission and setting up of textile units in this very area i.e. Sanganer. The Division Bench noted that pollution laws applicable. The land laws applicable. The laws applicable to setting up of industries, and needless to state held that no industrial activity, and in particular of a kind which causes air, water and soil pollution, can continue without complying with the pollution laws. The Division Bench directed RIICO to develop an industrial area. On applications filed by the existing units, to relocate the same, and in the meanwhile the polluters to be charged a pollution fine as directed by the Division Bench. The Division Bench directed that regarding effluent, a CETP be set up. 5. It is unfortunate that the State authorities have done nothing till date. The problem not only continues but has been aggravated. 6. No person has a right to establish a factory without taking necessary permissions. If the industrial activity is of a kind which warrants permission to be taken from the appropriate authorities under the State Pollution Control Laws, the necessary permissions have to be taken. Pollution laws are meant for public good and public interest must take precedence over private interest. 7. We dispose of the writ petition directing the respondents to seal all units in Sanganer which are operating without necessary permissions. We direct respondent No. 7 to forthwith disconnect electricity supply to all such units which are operating without necessary permissions.