HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


 

 
Court No. - 1
 

 
Case :- MISC. BENCH No. - 27271 of 2019
 

 
Petitioner :- Mohammad Ali
 
Respondent :- State Of U.P. Thru. Prin. Secy. Pollution & Environment &Ors
 
Counsel for Petitioner :- Vijay Shankar Trivedi,Rakesh Kumar
 
Counsel for Respondent :- C.S.C.,A.K.Verma
 

 
Hon'ble Pankaj Kumar Jaiswal,J.

Hon'ble Irshad Ali,J.

Heard Sri Vijay Shanker Trivedi, learned counsel for the petitioner, Sri S.S. Chauhan, learned Additional Chief Standing Counsel for respondent nos. 1 and 2, Sri Ashok Kumar Verma, learned counsel for the respondent nos.3 and 4.

By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for issuance of writ of mandamus directing the respondent nos.3 and 4 to decide his application dated 11.7.2018, which is in respect of providing consent/No Objection with regard to pollution of Water and Air for running Small Flour Mill, Oil Speller, Dhan Mill and Paleshar Machine situated at Village Jamunipur, P.S. Shivratanganj, District Amethi.

Sri Ashok Kumar Verma, learned counsel for the respondent nos. 3 and 4 has submitted that for running Small Flour Mill, Oil Speller, Dhan Mill and Paleshar Machine, the petitioner has to submit statutory application i.e. Form-1 for AIR CONSENT, as provided under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 after depositing requisite fee. He submits that if the petitioner files the aforesaid statutory application after completing all necessary formalities, the same be considered and decided in accordance with law.

Considering the aforesaid, without entering into the merits of the case, it is provided that in case the petitioner files statutory form along with the requisite fee for consent for running Small Flour Mill, Oil Speller, Dhan Mill and Paleshar Machine as per Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, then, respondent no. 4 shall consider and decide the same, in accordance with law, expeditiously.

With the aforesaid, the writ petition stands disposed of.

Order Date :- 30.9.2019 Ajit/-