HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- MISC. BENCH No. - 12636 of 2020
 

 
Petitioner :- M/S Chaudhary Stone Crusher & Screening Plant Thru Partner
 
Respondent :- State Of U.P. Thru Prin.Secy.Deptt.Of Environment & Anr.
 
Counsel for Petitioner :- Pushpila Bisht
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Kumar Jaiswal,J.

Hon'ble Karunesh Singh Pawar,J.

When the matter was taken up today through videoconferencing, Ms. Pushpila Bisht, learned Counsel for the petitioner, Sri H. P. Srivastava, learned Additional Chief Standing Counsel for respondent No.1 and Sri A. K. Verma, learned Counsel for respondent No.2 appeared.

On the basis of instructions received from the Regional Office of U. P. Pollution Control Board, Sri A. K. Verma, learned Counsel for respondent No.2 has submitted that the application dated 6.1.2010 preferred by the petitioner for grant of Consent to Operate (CTO) for running Stone-Crusher in District Saharanpur has been rejected vide order dated 15.1.2020 and the aforesaid order is appealable under Section 28 of Water (Prevention and Control of Pollution) Act, 1974 and Section 30 of Air (Prevention and Control of Pollution) Act, 1981.

At this stage, learned Counsel for the petitioner submits that till date, the petitioner has not received the aforesaid order and therefore, the petitioner is not in a position to file an appeal against the said order.

In view of the aforesaid, we direct Sri A. K. Verma, learned Counsel for respondent No.2 to supply a copy of the order dated 15.1.2020 to the petitioner within a period of ten days from today so that the petitioner may challenge the aforesaid order by filing an appeal under Section 28 of Water (Prevention and Control of Pollution) Act, 1974 and Section 30 of Air (Prevention and Control of Pollution) Act, 1981. In case such an appeal is filed within four weeks from the date of receipt of the rejection order dated 15.1.2020, the learned Authority shall decide the appeal on merits, after giving opportunity of hearing to the petitioner by passing a speaking and reasoned order in accordance with law.

Accordingly, the writ petition is disposed of.

Order Date :- 10.9.2020 lakshman