Hon'ble Yogendra Kumar Sangal,J.
1. Heard Sri Jayant Singh Tomar Advocate in person as petitioner, learned Chief Standing Counsel for O.P. No.1 to 7 as well as perused record.
2. Sri Jayant Singh Tomar, a practising Advocate of this Court, has approached this Court under Article 226 of the Constitution of India, under public interest litigation with grievance that Notification issued in pursuance of power conferred by provisions of Uttar Pradesh Promotion and Protection of Fruit Trees (Regulation of Harmful Establishments and Housing Schemes) Act, 1985, has not been complied with. It has been stated that the notification has got statutory force and in Schedule-B of the notification, the reference has been made to various places, where no brick kiln can be established to save the grove land consisting mango and other fruit producing trees. Various photographs have been filed with submission that because of running of brick kiln and industries in the notified area, irreparable loss and injury is likely to cause to the tree owners. It has also been stated by the petitioner that once notification has been issued, then it should be obligatory on the part of the respondents to comply with the same. The running of brick kilns in the notified area is environmental hazardous to cause irreparable loss and injury to ecological balance as well as holdings consisting of fruit producing trees. The petitioner has relied upon the judgment of Hon'ble Supreme Court reported on (1998) 9 SCC 149 M.C. Mehta. Vs. Union of India.
3. Submission made by the petitioner, carries weight. Once the [2] State Government has decided and notified the area restraining the brick kiln owners running the brick kilns and industries, then there is no option for the respondents except to enforce the notification in its letter and spirit. The Courts are not experts of the field and decision is to be taken by the State Government. The State Government has taken decision and issued statutory notification, which must be enforced.
4. However, respondents counsel submits that Zila Panchayat, Lucknow has cancelled certain licence of brick kiln owners but the brick kiln owners approached this Court where interim order has been passed. It has also been stated by the learned standing counsel that because of interim order passed by this Court in pending writ petitions, respondents are helpless and the brick kilns are running in the notified areas and continuing in violation of statutory provisions. Learned standing counsel invited attention to the order passed by this Court in Writ Petition No.458 (M/B) of 2008.
5. List on 26.7.2010 along with the Writ Petition No.458 (M/B) of 2008 and other connected writ petitions.
6. The petitioner is permitted to implead the Chairman, Zila Panchayat, Lucknow as well as U.P. Pollution Control Board. Let amendment be incorporated forthwith.
7. Respondents may file counter affidavit by the next date of listing. Name of Sri Shiv Ji Shukla shall be printed in the cause list as counsel for the U.P. Pollution Control Board. Petitioner may serve notice on the counsel for the U.P. Zila Panchayat Lucknow.
Order Date :- 15.6.2010 Rajneesh) [Justice Yogendra Kumar Sangal] [ Justice Devi Prasad Singh ]