Court No. - 21
Case :- WRIT - C No. - 41893 of 2018 Petitioner :- M/S New Ma Sharda Stone Mill Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Devbrat Mukherjee Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner is a proprietorship firm. It has established a plant for the stone crushing. By an order dated 27.6.2018 the third respondent has found certain deficiencies and during the inspection certain deficiencies were found, which violates the provisions of The Air (Prevention and Control of Pollution) Act, 1981 (for short the Act).
Aggrieved by the said order the petitioner preferred a writ petition No.25268 of 2018. The said writ petition was dismissed on the ground of alternative remedy.
Pursuant to that petitioner preferred an appeal under Sub Section (2) of Section 31 of the Act. In the said appeal the appellate authority decline to interfere in the order passed by the third respondent. However, it granted a liberty to the petitioner to remove the deficiency pointed out in the impugned order therein and move an appropriate application before the competent authority.
It is stated that the petitioner has removed those deficiencies and has moved an application before the third respondent to make an inspection to satisfy itself that the deficiencies have been removed.
The grievance of the petitioner is that inspite of the aforementioned facts, the third respondent has not made any inspection. Aggrieved by the inaction on part of the third respondent, the petitioner has instituted this writ proceeding.
We have heard Sri Devbrat Mukherjee, learned counsel for the petitioner, Sri H. N. Tripathi, learned counsel for the second, third and fourth respondents and learned Standing Counsel for the first and fifth respondents.
Our attention has been drawn to a communication dated 23.10.2018 addressed by the third respondent to the fourth respondent wherein it is mentioned that the joint inspection be carried out in the unit of the petitioner and submit a report to the headquarter.
Considering the facts of the case, we find that ends of justice requires a direction upon third respondent to carry out the inspection of the petitioner's unit and submit its report to the competent authority. The said exercise be undertaken expeditiously preferably within two months from the date of communication of this order.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 18.12.2018 Pramod Tripathi