The writ petition for consent order granted to the petitioner under the Air Act is dismissed. The court held that the matter was already rejected by the Regional Officer via an order dated 13.4.2018, and therefore no relief could be granted under the Environment (Protection) Act or the Air Act.
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Court No. - 21
Case :- WRIT - C No. - 24164 of 2018
Petitioner :- M/S Om Bricks Field Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Durgesh Kumar Dubey Counsel for Respondent :- C.S.C.,Hari Nath Tripathi,J.N.Maurya
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This petition for writ is preferred to consider petitioner's online application dated 19.3.2018 for grant of consent order on the basis of environment clearance dated 7.6.2018.
Learned standing counsel has placed on record a photo copy of the order dated 13.4.2014 whereby the Regional Officer, Uttar Pradesh Pollution Control Board has already considered the application dated 19.3.2018.
As per the provisions of Sections 21 and 22 of the Air (Prevention and Control of Pollution) Act 1981, the application aforesaid being rejected under the order dated 13.4.2018. The cause sought to be agitated does not survive. It is also brought to our notice that the Regional Officer under an order dated 30.6.2018 has already recommended to the Chief Pollution Officer Circle-1, Uttar Pradesh Pollution Control Board, Lucknow to prosecute the petitioner. Surprisingly enough neither the order dated 13.4.2018 addressed to the petitioner himself, nor the order dated 30.6.2018 has been placed on record.
Be that as it may, in light of the order dated 13.4.2018 no relief as prayed can be given in this petition for writ.
The writ petition is dismissed.
Order Date :- 19.7.2018 sweta
( Chandra Dhari Singh,J. ) ( Govind Mathur,J. )
M/S Om Bricks Field
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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