In a writ petition, the court examined the sealing of a petha manufacturing unit in the Taj Trapezium Zone for violating Supreme Court directions prohibiting coal use. The court held that the sealing was lawful given the supreme court mandate and dismissed the petition, noting the lack of evidence regarding gas supply refusal.
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Neutral Citation No. - 2023:AHC:142563-DB
Court No. - 46
Case :- WRIT - C No. - 19372 of 2023
Petitioner :- Anshul Dhumash Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shivendra Raj Singhal,Lavesh Sharma Counsel for Respondent :- C.S.C.,Sandeep Kumar Srivastava,Shyam Mani Shukla
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.
Petitioner is engaged in the manufacturing of petha at Agra. His unit apparently has been sealed by the authorities of State on the ground that the unit is consuming coal which is vitiating the air quality in the Taj Trapezium Zone and that use of coal in such unit is otherwise prohibited in view of the direction issued by the Supreme Court in MC Mehta vs. Union of India & Ors (1997) 2 SCC 353.
Learned counsel for the petitioner submits that though petha manufacturers have applied for connection of gas in the year 2008 but such connection has not been provided to them. Learned counsel also places reliance upon the communication dated 09.01.2019 of U.P. Pollution Control Board, as per which, green category includes small petha manufacturing units where consumption of coal is less than 12 metric tonnes per day.
Learned counsel representing the U.P. Pollution Control Board states that the unit of petitioner situates within the Taj Trapezium Zone and there is a clear embargo with regard to use of coal in manufacturing units in the area by virtue of orders passed by the Supreme Court. He further submits that the communication of U.P. Pollution Control Board dated 09.01.2019 is applicable in respect of other areas and not the Taj Trapezium Zone.
We have heard learned counsel for the parties and have perused the materials on record.
Our attention has been invited to the direction of Supreme Court in MC Mehta (supra) wherein the Court has issued various directions including clause (4) of para 35 which is reproduced hereinafter:-
"(4) Those industries which neither apply for gas connection nor for alternative industrial plot shall stop functioning with the aid of coke/coal in the TTZ with effect from 30.04.1997. Supply of coke/coal to these industries shall be stopped forthwith. The District Magistrate and the Superintendent of Police shall have this order complied with."
Perusal of the order of Supreme Court would, therefore, clearly reveal that there is a prohibition with regard to use of coal in various industries in the TTZ with effect from 13.04.1997. Our attention has not been invited to any subsequent order of the Supreme Court whereby the direction contained in the earlier judgment has been modified by the Apex Court. In that view of the matter, we find no illegality in the action of the respondents in sealing the petitioner's premises so as to enforce the orders passed by the Supreme Court.
We may also note that though it is alleged that gas connection has not been provided to the petitioner but neither the Gas Authority of India has been impleaded as a party nor any material has been placed before us which may show that despite applying for gas connection the authorities have refused its supply. No grievance otherwise is raised in that regard nor the writ petition contains any prayer for supplying gas to the petitioner. We, therefore, are of the view that petitioner's plea that gas connection has not been provided is merely an excuse to escape from the clutches of the restraint order passed by the Supreme Court.
The writ petition is dismissed, accordingly.
Order Date :- 18.7.2023 RA
Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the sealing of a petha unit for using coal in the Taj Trapezium Zone is illegal despite allegations of non-supply of gas connection.
Whether the reliance on a Uttar Pradesh Pollution Control Board communication regarding green category units overrides the Supreme Court's prohibition on coal use in the TTZ.
Colour shows how this judgement treated each authority
MC Mehta vs. Union of India & OrsRelied on¶11
MC Mehta vs. Union of India & Ors (1997) 2 SCC 353 · Who else cites this
Anshul Dhumash
State Of U.P.
Ashwani Kumar Mishra
Syed Aftab Husain Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
