Court No. - 38
Case :- WRIT - C No. - 18951 of 2019 Petitioner :- M/S Kay Kay Industries Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Praveen Kumar Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Abhinava Upadhya,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner, Shri Hari Nath Tripathi, learned counsel for the respondent no. 2 & 3 and learned Standing Counsel for the State-respondent no. 1.
By means of this writ petition the petitioner has challenged the order dated 29.3.2019 passed by the U.P. Pollution Control Board (in short "the Board") holding therein that the petitioner is creating pollution and is running an establishment without the permission of the Board and have closed the establishment.
Learned counsel for the petitioner submits that the said action of the Board is without jurisdiction and in violation of principles of natural justice.
It is to be noted that Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 (in short "the Act") provides for a redressal mechanism by way of filing an appeal against any order passed by the Board. No reason has been shown as to why this Court should bypass a statutory remedy provided under the statute itself which consists of experts in the field.
The petitioner having an efficacious alternative remedy, we are not inclined to interfere.
The writ petition is, accordingly, dismissed.
Order Date :- 29.5.2019 Sunil Kr. Gupta (Saurabh Shyam Shamshery, J.) (Abhinava Upadhya, J.)