Orissa State (Prevention And Control Of ... vs M/S Orient Paper Mills And Anr

The Supreme Court held that the Orissa High Court erred in upholding the Addl. Sessions Judge's decision to quash charges against Orient Paper Mills under Section 37(1) of the Air (Prevention and Control of Pollution) Act, 1981. The Court clarified that the absence of rules for declaring an area as an Air Pollution Control Area does not invalidate the State Government's notification, as Section 19 uses 'may' indicating discretion. The Court reinstated the charges, emphasizing compliance with Sections 21 and 22 of the Act is mandatory for industries in such areas.