Court No. - 21
Case :- WRIT - C No. - 6859 of 2019 Petitioner :- Envirad Medicare Private Limited And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Rama Pati Tripathi Counsel for Respondent :- A.S.G.I.,Amol Ranjan,Hari Nath Tripathi Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Memo of appearance filed by Sri Gaya Prasad Singh, learned Advocate, on behalf of Union of India, respondent no. 1, is taken on record.
The petitioners have preferred this writ petition for the following reliefs:
“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order/letter dated 06.12.2018 passed by opposite party no. 3 in favour of opposite party no. 5 for Environmental Clearance for proposed common Bio Medical Waste Treatment Facility at Khasra No. 433, Village-Saalpur Navadiya, Tehsil-Tilhar, District Shahjahanpur, U.P. M/s S.P. Green Light Environment waste Management LLP. (Annexure No. 1 to the writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to establish any proposed common Bio Medical Waste Treatment Facility at Khasra No. 433, Village-Saalpur Navadiya, Tehsil-tilhar, District Shahjahanpur, U.P. M/s S.P. Green Light Environment Waste Management LLP.”
Sri H.N. Tripathi, learned counsel for the respondent nos. 2, 3 and 4, has raised a preliminary objection that the petitioners have efficacious alternative remedy under Rule 16 of the Bio-Medical Waste Management (Amendment) Rules, 2018.
We have heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents, Sri G.P. Singh, learned counsel for the respondent no. 1 and Sri Amol Ranjan, learned counsel appearing for the respondent no. 5.
We find that Rule 16 provides that any aggrieved person by an order made by Authority concerned, may prefer an appeal to the Secretary (Environment) of the State Government.
We are of the view that the petitioners have efficacious alternative remedy under Rule 16 of the said Rules and without approaching the appropriate Authority they have rushed to this Court under Article 226 of the Constitution of India.
The writ petition is dismissed on the ground of alternative remedy. However, in the interest of justice, we provide that in case petitioners file an appeal within two weeks from today the same shall be entertained and will be not be rejected on the ground of limitation.
Order Date :- 26.2.2019 Puspendra