Court No. - 40
Case :- WRIT - C No. - 36145 of 2018 Petitioner :- M/S Shakti Dham Stone Works And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Nisheeth Yadav,Sri C.B. Yadav, (Senior Advocate), Counsel for Respondent :- C.S.C.,Hari Nath Tripathi Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners and Dr. H.N. Tripathi, learned counsel for the respondents.
The petitioners challenge the order dated 20th August, 2018 passed by the Uttar Pradesh Pollution Control Board, whereby the reason given to refuse consent for operating the industry is that the industry unit is not in amongst the 264 valid stone crushers list uploaded on the N.I.C. website of District Sonbhadra.
The contention of Sri Nisheeth Yadav is that the very foundation of the said notice is non-existent inasmuch as the question of not being on the list or otherwise does not arise in this case as it is only after consent is given that the name is uploaded in the list. It is further submitted that according to the respondents themselves the list which is being relied upon by the respondents is not a valid list and it contains the name of such persons whose consent has not yet been given.
We have considered the submissions raised and we find that the petitioners have the remedy of filing an appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 read with Section 28 of the Water (Prevention & Control of Pollution) Act, 1974. Consequently, we are not inclined to entertain the writ petition without prejudice to the rights of the petitioners to prefer an appeal under the said provision and in the event any such appeal is filed, the same shall not be dismissed on the ground of limitation and shall be entertained and disposed of on merits as expeditiously as possible within a period of three months from the date of production of a certified copy of the order by the appellate authority.
With the aforesaid observations/ directions, the writ petition stands disposed of.
Order Date :- 30.10.2018 Atmesh