HIGH COURT OF JAMMU AND KASHMIR
                                   AT JAMMU

LPAOW No. 54/2015
MP No. 01/2017
                                                       Date of order: 13.09.2017
 Pritam Singh           vs            J&K State Pollution Control Board and ors.
Coram:

                         Hon'ble Mr Justice Alok Aradhe, Judge
                         Hon'ble Mr Justice B. S. Walia, Judge
Appearing counsel:
For Petitioner/appellant(s) :    Mr. Vikram Sharma, Advocate
For respondent (s)          :    Mr. Ahtsham Bhat, GA

Heard.

Appeal is admitted to hearing.

With the consent of learned counsel for the parties, the matter is heard finally.

In this Intra Court Appeal, the appellant has assailed the validity of order dated 28.06.2017 passed by the learned Single Judge, by which writ petition preferred by the appellant has been dismissed.

When the matter was taken up today, learned counsel for the appellant has raised singular contention that the learned Single Judge has failed to appreciate that the impugned order dated 21.06.2017 was passed without issuing notice with regard to closure of the guest house of appellant in terms of section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981 and rules framed there under. It is further submitted that appellant has already installed sewage treatment plant, which is functional. The aforesaid aspect of the matter has not been disputed by the learned counsel for the respondents. However, it is submitted that at the time of inspection, Sewage Treatment plant was not functional.

Be that as it may, the impugned order dated 21.06.2017 directing closure of guest house of the appellant has been issued without issuing notice and without affording opportunity to the appellant. The aforesaid aspect of the matter has not LPAOW No. 54 of 2017 Page 1 of 2 been appreciated by the learned Single Judge. Accordingly, impugned order passed by the learned Single Judge dated 28.06.2017 as well as order dated 21.06.2016 cannot be sustained in the eye of law. Accordingly, the same are quashed. This appeal is disposed of with a liberty to the respondents to issue notice to the appellant and afford him opportunity of hearing and thereafter pass speaking order in accordance with law.

Accordingly, the appeal is disposed of.

                              (B. S. Walia )       (Alok Aradhe)
                                    Judge                 Judge
Jammu
13.09.2017
Karam Chand




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