HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

OWP No.2099/2017, MP NO.01/2017
                                                               Date of order: 20.12.2017
Anuradha Singh               Vs          .J&K State Pollution Control Board and Ors.
Coram:
        Hon'ble Mr. Justice Alok Aradhe, Judge
Appearing counsel:
For Petitioner/Appellant(s) :        Mr. Rahul Pant, Advocate.
For respondent (s)          :

i/       Whether to be reported in         :               Yes/No
         Press/Media
ii/      Whether to be reported in         :               Yes/No
         Digest/Journal

Taking into account the order which this Court proposes to pass today, it is not necessary to issue notice to the respondents.

In this petition, the petitioner has prayed for the following reliefs:

1. Certiorari quashing the Notice No.SPCB/RDJ/N-1/2017/898-900 dated 11th December, 2017 issued by the Respondent NO.2.

2. Mandamus commanding the respondents to process the request of the petitioner for grant of consent under Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and section 21 of the Air (Prevention and Control of Pollution) Act, 1981;

3. Prohibition restraining the respondents from taking any further proceedings in terms of the Notice No.SPCB/RDJ/N-1/2017/898-900 dated 11th December, 2017 issued by Respondent No.2.

When the matter was taken up today, learned counsel for the petitioner submitted that even though show cause notice was issued by the Pollution Control Board to the petitioner on 11.12.2017, yet the same was dispatched to OWP No.2099/2017, MP NO.01/2017 Page 1 of 2 her on 15.12.2017 and the petitioner had received the same on 16.12.2017 and the petitioner has been asked to submit a reply within a period of three days. It is further submitted that petitioner has filed application for obtaining the requisite consent.

In view of the fact that only show cause notice has been issued to the petitioner and the final decision in the matter is yet to be taken by the concerned authority, I deem it appropriate to direct that in case the petitioner files reply to the show- cause notice dated 11.12.2017 within a period of one week from the date of receipt of certified copy of the order passed today, the competent authority shall afford an opportunity of hearing to the petitioner and shall pass a speaking order in accordance with law. Till the order is passed, no coercive action shall be taken against the petitioner in pursuance of the show-cause notice dated 11.12.2017. Needless to state that competent authority shall also pass appropriate orders on the application for consent which has been filed by the petitioner under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. It is made clear that this court has not expressed any opinion on merits of claim of the petitioner.

With the aforesaid direction, the writ petition is disposed of along with connected MP.

(Alok Aradhe) Judge Jammu 20.12.2017 Raj Kumar OWP No.2099/2017, MP NO.01/2017 Page 2 of 2