Court No. - 40
Case :- WRIT - C No. - 27676 of 2020 Petitioner :- M/S M.I. Steel Respondent :- Uttar Pradesh Pollution Control Board And 3 Others Counsel for Petitioner :- Shailesh Kumar Shukla Counsel for Respondent :- Hari Nath Tripathi
Hon'ble Munishwar Nath Bhandari,J. Hon'ble Rohit Ranjan Agarwal,J.
By this writ petition, a challenge is made to the orders dated 02.01.2020 and 05.03.2020.
The impugned orders have been passed by the respondents mainly in the light of the judgment of this Court in Writ Petition No.34957 of 2003 (Smt Mithilesh Jain Vs. State of U.P. and others) dated 13.08.2003 and the direction of Apex Court in Special Leave to Appeal (Civil) No.4295 of 2011 (M/s Manoj Mini Rice Mill & Anr. vs. State of U.P. and Ors.) dated 23.09.2013.
The judgment of this Court as well as Apex Court prohibits operation of industrial work or even commercial activities in residential area. The petitioner was using his land for different purpose than provided under the relevant law. It is even without seeking declaration and accordingly, we do not find any illegality in the order passed by the respondents basically in reference to the order passed by this Court as well as Apex Court and in compliance thereupon.
It may be that while passing the order, reference of Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 (in short "Act of 1981") has been given but in substance it is for compliance to the judgment of this Court as well as of the Apex Court.
Counsel has otherwise stated that petitioner is willing to shift the business/industrial unit and in those circumstances we find no reason for challenge to the impugned orders because it only directs closure of the business.
Writ petition is accordingly dismissed.
Order Date :- 6.1.2021 KA