Vikas Singh and Another v. State of U.P. and 6 Others

Allahabad HC17 Feb 2025WPIL/263/2025

Case brief

AI extract

What is this about?

PIL against brick kiln pollution; consent to operate granted then pollution found; High Court directs action on pollution and decision on representation within two months.

What did the court decide?

Directions to respondents to take appropriate action on pollution finding and decide pending representation within two months ¶¶13

Vikas Singh and Another vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:88000-DB

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Chief Justice's Court

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 263 of 2025

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Petitioner :- Vikas Singh And Another Respondent :- State of U.P. and 6 others Counsel for Petitioner :- Ekansh Varma, Amrapali Singh Counsel for Respondent :- C.S.C., Akanksha Sharma (S.C.), J. N. Maurya

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Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.

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This petition, purportedly in public interest, has been filed by the petitioner aggrieved of operation of the brick-kiln by respondent No. 7.

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Various allegations have been made in the petition pertaining to the pollution being created by the said brick-kiln and the fact that the same was being operated without valid permissions.

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Learned counsel appearing for the Pollution Control Board had previously produced instructions, inter alia , indicating that presently, the brick-kiln in question was being operated in the name of Shyam Brick Field and its proprietor is some Brijbhan Singh.

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Further submissions have been made that a consent to operate dated 19.03.2025 has been issued in the name of the said Shri Shyam Brick Field.

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When submissions in this regard were made, the counsel for the respondents was directed to obtain further instructions pursuant to which, instructions have been produced along with material to indicate that the some Om Brick Field is now Shyam Brick Field

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regarding which, consent to operate has been granted. Another document has been produced, inter alia , indicating that on inspection, the brick-kiln was found creating pollution, based on which, the environment compensation has been ordered to be imposed for which, notice has been ordered to be issued.

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Counsel for the petitioner made submissions that even if consent to operation has been granted, the same is contrary to the norms and that the petitioner has already made a detailed representation pertaining to the brick-kiln irrespective of the fact that whether the same is being operated by respondent No. 7 and/or any other person and that the Pollution Control Board is bound to ensure that the brick-kiln is operated in accordance with law.

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In the over all fact situation of the case wherein the respondents have issued the consent to operate and immediately thereafter, within a period of two months, has found that the said brick-kiln was creating pollution and a representation made by the petitioner in this regard is pending, the petition, filed by the petitioner is disposed of.

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The respondents are directed to take appropriate action pursuant to the finding regarding the pollution being created by the brickkiln in question and also decide the pending representation of the petitioner within a period of two months from the date of this order.

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Order Date :- 23.5.2025 Mukesh Pal/P.Sri.

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(Kshitij Shailendra, J) (Arun Bhansali, CJ)

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Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad

Vikas Singh and Another v. State of U.P. and 6 Others

Case brief

What is this about?

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Vikas Singh and Another v. State of U.P. and 6 Others

Case brief

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