M/S Jai Maa Bhagwati Brick Field Bahraich Thru Proprietor Ajeet Pratap Singh v. Member Secy. U.P. Pollution Control Board Lucknow and Anr.
Case brief
What is this about?
Natural justice; opportunity of hearing; second proviso to Section 21(4) Air (Prevention and Control of Pollution) Act 1981; corresponding provisions Water (Prevention and Control of Pollution) Act 1974; consent to operate renewal; U.P. Pollution Control Board; brick field Bahraich; statutory remedy of appeal no bar; Whirlpool Corporation v. Registrar of Trade Marks 1998 (8) SCC 1 AIR 1999 SC 22; certiorari; mandamus; writ maintainable despite alternative remedy; on-spot inspection without hearing; order dated 16.10.2024 set aside; Allahabad High Court Lucknow Bench; Rajan Roy J; Abdhesh Kumar Chaudhary J.
What did the court decide?
Impugned letter/order dated 16.10.2024 set aside only on the ground of violation of natural justice; competent authority directed to consider renewal of the consent to operate afresh in accordance with law and take suitable decision at the earliest.