M/S Kd Metalloys and Engineering Private Ltd. and Another vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

M/S Kd Metalloys and Engineering Private Ltd. and Another vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only (matter pending): further proceedings of Complaint No. 44661 of 2025 (Regional Office, UPPCB Vs. M/s. K.D. Metalloys and Engineering Pvt. Ltd. and Another) under Section 14(2) of the CAQM Act, 2021 stayed till the next date of listing; notice issued to opposite party no. 2; counter affidavits within six weeks and rejoinder affidavit within two weeks thereafter.

Issue for consideration

Whether the Summoning Order dated 21.03.2025 passed by the Chief Judicial Magistrate, Gautam Buddh Nagar and the entire proceedings of Complaint No. 44661 of 2025 (Regional Office, UPPCB Vs. M/s. K.D. Metalloys and Engineering Pvt. Ltd. and Another) under Section 14(2) of the Commission for Air Quality Management in National Capital Region and adjoining Areas Act, 2021 are liable to be quashed.

Court's answer

Till the next date of listing, further proceedings of Complaint No. 44661 of 2025 (Regional Office, UPPCB Vs. M/s. K.D. Metalloys and Engineering Pvt. Ltd. and Another) under Section 14(2) of the Commission for Air Quality Management in National Capital Region and adjoining Areas Act, 2021 shall remain stayed — interim stay granted.

Key takeaways

Notice on behalf of opposite party no. 1 was accepted by the learned A.G.A., and notice was issued to opposite party no. 2 returnable at an early date.¶14
Opposite parties were permitted to file counter affidavits within six weeks, with rejoinder affidavit within two weeks thereafter, and the matter was directed to be listed after expiry of that period.¶15

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), May 13, 2026 — Application U/S 528 BNSS No. 19520 of 2026: M/s K.D. Metalloys and Engineering Pvt. Ltd. and Another sought quashing of the Summoning Order dated 21.03.2025 passed by the Chief Judicial Magistrate, Gautam Buddh Nagar and the entire proceedings of Complaint No. 44661 of 2025 (Regional Office, UPPCB Vs. M/s. K.D. Metalloys and Engineering Pvt. Ltd. and Another) under Section 14(2) of the Commission for Air Quality Management in National Capital Region and adjoining Areas Act, 2021. Counsel for the applicants submitted that the complaint was malicious; that environmental compensation of Rs.1,75,000/- imposed after a Flying Squad inspection on 27.09.2023 had been deposited, and that opposite party no. 2, vide order dated 12.10.2023, had permitted the unit to run subject to strict compliance. The Court held the matter required consideration, accepted notice on behalf of opposite party no. 1 through the learned A.G.A., issued notice to opposite party no. 2 returnable at an early date, permitted counter affidavits within six weeks and rejoinder affidavit within two weeks thereafter, and directed that, till the next date of listing, further proceedings of the complaint shall remain stayed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 19520 of 2026

M/S Kd Metalloys And Engineering Private Ltd And Another

n noer	Versus	.....Applicant(s)
State Of U.P. And 2 Others		.....Opposite Party(s)
Counsel for Applicant(s)		: Sharad Chandra
Counsel for Opposite Party(s)		: G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicants; Sri J.M. Maurya, counsel for the opposite parties no. 2 and 3; learned A.G.A. for the State and perused the record.

The present 528 B.N.S.S. application has been filed to quash the Summoning Order dated 21.03.2025 passed by the learned Chief Judicial Magistrate, Gautam Buddh Nagar as well as entire proceedings of Complaint No. 44661 of 2025, (Regional Office, UPPCB Vs. M/s. K.D. Metalloys and Engineering Pvt. Ltd. and Another.) under Section 14(2) of the Commission for Air Quality Management in National Capital Region and adjoining Areas Act, 2021.

Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Present complaint has been lodged by the opposite party no. 2 with malicious intention. It is alleged in the complaint that on 27.09.2023 the Flying Squad inspected the unit of the industry of applicant and imposed the environmental compensation of Rs.1,75,000/- and passed the impugned order. Counsel for the applicant submits that applicant deposited the amount of Rs.1,75,000/- and opposite party no. 2 vide order dated 12.10.2023 has permitted the applicants to run the unit subject to strict compliance with the orders/directions issued from time to time. He next submits that present proceedings is malicious.

Matter requires consideration.

NA528 No. 19520 of 2026

2

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable at an early date.

Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List after expiry of aforesaid period.

Till the next date of listing, further proceedings of Complaint No. 44661 of 2025, (Regional Office, UPPCB Vs. M/s. K.D. Metalloys and Engineering Pvt. Ltd. and Another.) under Section 14(2) of the Commission for Air Quality Management in National Capital Region and adjoining Areas Act, 2021, shall remain stayed.

(Deepak Verma,J.)

May 13, 2026

Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad