Chief Justice's Court
Case :- WRIT - C No. - 141 of 2021 Petitioner :- M/S Shaktiman Granite Pvt. Ltd. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kartikeya Saran Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
1. A preliminary objection is raised by learned counsel appearing on behalf of respondents no. 2 and 3 about availability of efficacious alternative remedy to the petitioner under National Green Tribunal Act, 2010. It is submitted that the petitioner should not be permitted to invoke writ jurisdiction of this Court without exhausting the remedy provided in the Act aforesaid.
2. While meeting with the argument advanced, it is submitted by learned counsel appearing on behalf of the petitioner that the doctrine of approaching Writ Court after exhausting all available remedies is a rule of policy and a self restraint but, in certain eventualities, that can be ignored and a petition for writ can be entertained by a Writ Court. According to learned counsel, in the case in hand, the order impugned dated 14th July, 2020 passed by the Regional Officer, Uttar Pradesh Pollution Control Board, Banda after having approval from the competent authority, is absolutely non-speaking and unreasoned order and that does not disclose the foundation for fastening liability of Rs. 9,87,500/- upon the petitioner. As such, the remedy of appeal under the Act of 2010 would be of no consequence as petitioner would not be in a position to assail the liability fastened on merits.
3. On going through the order dated 14th July, 2020, it is apparent that the same does not contain any reason to settle the amount of compensation.
4. It is also stated by learned counsel appearing on behalf of petitioner that no opportunity of hearing was afforded to petitioner before fastening liability of Rs. 9,87,500/-. It is also brought to our notice that earlier a notice to show cause was issued subsequent to order dated 14th July, 2020 passed by Regional Officer, U.P. Pollution Control Board, Banda.
5. Having considered the facts stated above, we deem it appropriate to dispose of this petition for writ by setting aside the order dated 14th July, 2020 while keeping the competent authority at liberty to pass order afresh after giving an opportunity of hearing to petitioner and by considering the version of facts stated by him. A complete process of extending opportunity of hearing in passing an order afresh is required to be completed within a period of eight weeks from today.
6. No order as to costs.
Order Date :- 8.1.2021 AK (Saurabh Shyam Shamshery,J.) (Govind Mathur, C.J.) Digitally signed by JUSTICE GOVIND MATHUR Date: 2021.01.08 14:59:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Saurabh Shyam Shamshery Date: 2021.01.08 15:00:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad