LEGAL MATTERS

The Board initiates legal action against units when they fail to adopt adequate pollution control measures entailing violation of norms and directives, in spite of repeated persuasion and adequate opportunity.

The State Government in consultation with Hon'ble High Court of Orissa have declared all the courts of Sub-Divisional Judicial Magistrate of the sub-divisional headquarter as the special courts to try cases filed under Water and Air Act for speedier disposal. The details of the legal cases filed by the Board during 2004-05 and their status is presented along with the status of Public interest litigations and writ petitions filed in Hon'ble High court and Supreme Court in the following table:

In response to a petition filed by this Board the Hon'ble High Court of Orissa vide their order dtd.07.10.2004 passes a Writ Petition (C) No. 2691/04 filed by M/s Shree Mahavir Ferro Alloys Pvt. Ltd., against the direction of closure issued by the Board U/S-31A of the Air(PCP) Act, 1981, has modified the earlier order dtd. 04.03.2004 and allowed the Board to forfeit the Bank Guarantee ampounting to Rs. 2 Lakhs only deposited by the unit in the Oriental Bank of Commerce, Rourkela.

The Hon'ble High Court of Orissa vide their order dtd.18.11.2004 passed in Criminal Misc. Case No. 4978/98 filed by M/s Kalinga Carbonates Ltd., Chandaka has held that when the Board itself is the complainant any officer of the Board may be nominated by the Secretary or Asst. Secretary of the Board and such nomination by the Secretary or Asst. Secretary of the Board would not amount to sub-delegation of power. It is also made clear that when the Board is itself the complainant, no specific authorization or resolution of the Board authorizing a particular person to file the complaint necessary.