The petitioners have filed this writ petition saying that though by notifications dated 14.09.1999 and 27.08.2003, fly ash has been directed to be used by the brick kiln owners and an order to that extent was passed on 12.11.2008. The matter is pending for consideration before the Supreme Court, however, we do not get any cause of action against the Pollution Control Board taking any steps contrary to the interest of the petitioners in spite of the order of the Supreme Court. Nothing has been disclosed with regard to happening of any incident after the impugned order dated 12.11.2008. The learned counsel appearing for the petitioners has drawn our attention to paragraphs 20 and 21 of the writ petition, which are only reiteration about the notifications and the order impugned and paragraph 22, which is so vague that no inference can be drawn about any cause of action contrary to the interest of the petitioners in respect of their business. Paragraph 22 of the writ petition reads as follows:-
"22. That since this is the peak time to manufacture the bricks and the petitioners have called for the laborers to manufacture the bricks but the District Magistrates of the District Auraiya and Kannauj by its officials has restrained the petitioners to manufacture the bricks."
The learned counsel appearing for the Pollution Control Board has repeatedly contended that if anything against the interest of the petitioners is done by any officer of the Pollution Control Board, the matter can be brought to the notice of the concerned officer of the Board immediately, and since no steps are taken contrary to the interest of the petitioners, only on the vague allegation no order should be passed.
Even after paragraph 22 of the writ petition, the petitioners have contended in paragraph 23 of the writ petition that they have to approach this Hon'ble Court against the order dated 12.11.2008 since they have no other alternative remedy, therefore, the delay, if any, in approaching the Court is liable to be ignored. Thus, it is crystal clear that the cause of action arose on 12.11.2008 for which there is no necessity to invoke the writ jurisdiction if no one on the part of the Pollution Control Board interferes with the interest of the petitioners. Having so, the writ petition is dismissed, however, without passing any order as to costs.
Order Date :- 2.4.2010 AHA