Disposed¶12

M/S Madina Frozen Foods Export Pvt. Ltd. Bulandshahr Thru Director Mohammad Yamin Khan v. State of U.P. Thru Prin.Secy. Forests, Environment and Climate Change and Ors.

Allahabad HC20 Feb 2025WRIC/1561/2025

Case brief

AI extract

What is this about?

CAQM Act 2021 Section 28(2); validity of U.P. Pollution Control Board notice; exclusive cognizance of Commission for Air Quality Management in NCR and adjoining areas; interim stay of pollution control board notice; WRIT - C No. 1561 of 2025; Lucknow Bench; Madina Frozen Foods Export Pvt. Ltd.; counter affidavit two weeks; listing week commencing 17.03.2025; order dated 20.2.2025.

What did the court decide?

Ad-interim stay: operation of the impugned order stayed till the next date of listing; opposite parties granted two weeks to file counter affidavit, rejoinder affidavit within a week thereafter; matter listed in the week commencing 17.03.2025. ¶12

M/S Madina Frozen Foods Export Pvt. Ltd. Bulandshahr Thru Director Mohammad Yamin Khan vs State of U.P. Thru Prin.Secy. Forests, Environment and Climate Change and Ors. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notice issued by the U.P. Pollution Control Board for violation of certain conditions referable to the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 is valid, given the petitioner's contention that under Section 28(2) of the Act it is the Commission constituted under the Act which is to take cognizance of issues covered by the said Act.

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Court's answer

As an interim measure, till the next date of listing, the operation of the impugned order shall remain stayed; the matter is to be listed in the week commencing 17.03.2025 for consideration.

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Detailed headnote1 paragraphs

Interim order in Writ - C No. 1561 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Attau Rahman Masoodi and Subhash Vidyarthi, JJ.; order dated 20.2.2025), filed by M/s Madina Frozen Foods Export Pvt. Ltd., Bulandshahr, through its Director Mohammad Yamin Khan against the State of U.P. and others. The petitioner challenged a notice issued by the U.P. Pollution Control Board for violation of certain conditions referable to the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021, contending that by virtue of Section 28(2) of that Act it is the Commission constituted under the Act which is to take cognizance of issues covered by the Act, and that the Board's notice is therefore not valid. The Court observed that the matter requires consideration, listed the petition for the week commencing 17.03.2025, granted the opposite parties two weeks to file counter affidavits (rejoinder within a week thereafter), and directed that till the next date of listing the operation of the impugned order shall remain stayed.

M/S Madina Frozen Foods Export Pvt. Ltd. Bulandshahr Thru Director Mohammad Yamin Khan v. State of U.P. Thru Prin.Secy. Forests, Environment and Climate Change and Ors.

Case brief

What is this about?

What did the court decide?

M/S Madina Frozen Foods Export Pvt. Ltd. Bulandshahr Thru Director Mohammad Yamin Khan v. State of U.P. Thru Prin.Secy. Forests, Environment and Climate Change and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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