Chief Justice's Court
Case :- WRIT - C No. - 38754 of 2019 Petitioner :- M/S Vaseem Brick Field Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.,Hari Nath Tripathi Hon'ble Govind Mathur,Chief Justice Hon'ble Vivek Varma,J.
The competent authority of the U.P. Pollution Control Board by order dated 25.9.2019 refused the consent to operate under Section 21-22 of Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as an Act, 1981). Being aggrieved by the same this petition for writ is preferred.
Argument advanced by learned counsel appearing on behalf of the petitioner is that refusal and closure of the brick-kiln has been made without affording an opportunity of hearing and, as such, same is in violation of Rule 21 of the Air (Prevention and Control of Pollution) Rules, 1982.
Section 31 of the Act, 1981 prescribes that any person aggrieved by an order made by the State-Board under the Act, 1981, may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority as the State Government may think fit to constitute.
Impugned order dated 25.9.2019, as such, is appeallable under Section 31 of the Act, 1981 (ibid). We do not find any just reason to entertain this petition for writ, ignoring the statutory remedy available to the petitioner.
In view of it, petition for writ is dismissed. Petitioner is at liberty to avail the remedy under the Act, 1981. Petitioner, if prefers, any appeal as above, same shall be considered and decided by the Appellate Authority expeditiously, as far as possible within a period of three months from the date of its presentation.
Order Date :- 28.11.2019 RavindraKSingh
(Vivek Varma, J.) (Govind Mathur, C.J.)