HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 33501 of 2019
 

 
Petitioner :- M/S Prakash Ent Udyog
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vikas Srivastava,Sri O.P. Singh, Senior Advocate
 
Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
 

 
Hon'ble Biswanath Somadder,J.

Hon'ble Ajay Bhanot,J.

Having heard learned advocates for the parties and upon perusing the writ petition, it appears that the only issue which falls for consideration in the facts and circumstances of the instant case is whether the two orders (both dated 3rd June, 2019) issued by Regional Officer of U.P. Pollution Control Board can be sustained or not.

From the records it appears that the writ petitioner had submitted two consent to operate applications - one under section 25/26 of Water (Prevention & Control of Pollution) Act, 1974 and another under section 21/22 of Air (Prevention & Control of Pollution) Act, 1981 (as amended till date). Both the applications have been rejected for the following reasons:-

"Industry has not submitted online clarification. So that application are uncompleted. Hence the application are rejected"

We do not find the reason as stated above to be either cogent or justifiable. An opportunity ought to have been granted to the writ petitioner to complete his two applications and submit necessary clarifications, either online or offline.

We, therefore, set aside the two orders of the Regional Officer of U.P. Pollution Control Board (both dated 3rd June, 2019) and direct the said authority to allow the writ petitioner an opportunity to complete the two applications and provide all necessary clarifications as sought for by the U.P. Pollution Control Board in accordance with law.

The entire exercise, in terms of this order, shall be completed as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from date of communication of a photostat certified copy of this order.

The writ petition stands disposed of.

Order Date :- 21.10.2019 LBY (Biswanath Somadder,J.) (Ajay Bhanot,J.)