HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


 

 
Court No. - 1
 

 
Case :- MISC. BENCH No. - 32510 of 2019
 

 
Petitioner :- M/S Balaji Stone Indus.Thru.Partner Lokesh Garg
 
Respondent :- State Of U.P.Thru.Secy.Environment,Lucknow & Ors.
 
Counsel for Petitioner :- Sharad Dixit
 
Counsel for Respondent :- C.S.C.,A.K.Verma
 

 
Hon'ble Pankaj Kumar Jaiswal,J.

Hon'ble Saurabh Lavania,J.

Heard Sri Sharad Dixit, learned Counsel for the petitioner, Sri Anand Kumar Singh, learned Standing Counsel for respondent Nos.1 and 3/State and Sri A. K. Verma, learned Counsel for respondent No.2.

The petitioner has established its unit at Agra in the year 2015 for cutting of red stone and since then, it is running.

On 29.10.2018, a prohibitory order has been passed by the U. P. Pollution Control Board under Section 33-A of Water (Prevention & Control of Pollution) Act, 1974, which is impugned in this petition.

Learned Counsel for respondent No.2 submitted that statutory appeal is provided under Section 33-B (c) of the 1974 Act before the National Green Tribunal and in view of this, the writ petition is not maintainable.

Considering the aforesaid, without expressing any opinion on the merits of the case, we permit the petitioner to challenge the impugned order by filing an appeal before the National Green Tribunal, in accordance with law.

With the aforesaid liberty, the writ petition is disposed of.

Order Date :- 29.11.2019 lakshman