Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4139 of 2018 Petitioner :- Chheda Lal And 12 Others Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Anoop Trivedi Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Vibhu Rai, learned Advocate, holding for Mr. Anoop Trivedi, learned counsel for the petitioners and Dr. H.N. Tripathi, learned counsel for respondents 3, 4 and 5.
The primary prayer made in the writ petition, reads thus:
“i. Issue an appropriate writ order or direction commanding the respondent No. 3 to forthwith taking appropriate action on the complaints of the petitioners and to stop the functioning/operation of the respondent's No. 6 and 7 from the residential locality of District, Pilibhit.”
It is not in dispute that respondent no. 6 was granted permission to run a rice mill. That being so, counsel for the petitioner does not press the writ petition against this respondent and seeks liberty to take a remedy under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981. Insofar as respondent no. 6 is concerned, we dispose of the writ petition as not pressed with liberty as prayed.
Insofar as respondent no.7 is concerned, counsel for the Pollution Control Board, submits that he shall initiate action against respondent no. 7 for running a rice mill without permission and take it to its logical end within a period of eight weeks from the date of notice. His statement is recorded and accepted.
The petition is, accordingly, disposed of.
Order Date :- 21.8.2018 RK (Yashwant Varma, J) (Dilip B Bhosale, CJ)