Court No. - 5
Case :- WRIT - C No. - 2990 of 2019 Petitioner :- M/S Prachi Industries Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Prakash Sharma Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Vikram Nath,J.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner Shri J. Pathak, learned Standing counsel for the State and Shri H.N. Tripathi, learned counsel representing respondent no. 3 Uttar Pradesh, Pollution Control Board.
Petitioner is aggrieved by a notice dated 26.11.2018 issued by the Regional Officer, U.P. Pollution Control Board (Annexure No. 4 to the writ petition) requiring the petitioner to submit his explanation within 7 days with regard to objection raised by the Pollution Control Board.
According to the learned counsel for the petitioner, he has submitted a reply which is undated and has been filed as Annexure no. 5 to the writ petition and is only a typed copy without bearing any endorsement or supported by postal receipt of dispatch, but the same has not been considered by the Regional Officer.
On the other hand Dr. Tripathi submitted that the petitioner did not submit any reply to the show cause notice and thereafter, recommendation has already been made by the Regional Officer to the Chief Environment Officer for closure of the petitioner's unit as the same is being run without the mandatory sanction.
In view of the above, we dispose of the petition with direction to the Chief Environment Officer, Lucknow, Uttar Pradesh to take appropriate decision in accordance with law on the recommendation made by the Regional Officer referred to above.
We leave it open to the petitioner to submit any reply as may be deemed fit to the Chief Environment Officer within a week from today, in case no objections are received from the petitioner, the Chief Environment Officer would be free to proceed and take appropriate decision within the next 15 days.
We may note here that Chief Environment Officer, Lucknow, U.P. is not arrayed as party, as such we permit learned counsel for the petitioner to implead him as respondent no. 4, today itself.
Order Date :- 29.1.2019 Bhanu