HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Chief Justice's Court
 

 
Case :- WRIT - C No. - 6300 of 2020
 

 
Petitioner :- Indrajeet Puri
 
Respondent :- State Of U.P. Through Secretary Control Of Pollution And Another
 
Counsel for Petitioner :- Akhilesh Chandra Shukla
 
Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
 

 
Hon'ble Govind Mathur,Chief Justice
 
Hon'ble Samit Gopal,J.

Mr. Mehul Khare, learned counsel appears on behalf of respondent No. 2.

This petition for writ is directed to question correctness of the order dated 2nd December, 2019 passed by the Regional Officer, Uttar Pradesh Pollution Control Board, Saharanpur.

By the order aforesaid, the petitioner has been directed to close down industrial operation in residential area being in violation of the directions issued by the Government of Uttar Pradesh and also by this Court in a petition for writ. It is submitted by learned counsel appearing on behalf of the petitioner that before giving instructions to close down the industrial unit no adequate inspection of the site was made. On asking learned counsel failed to satisfy us about having any approval by the petitioner from the Uttar Pradesh State Pollution Control Board to have industrial operation in notified air pollution area. Under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, certain restrictions are prescribed on use of industrial plants. The petitioner is utilizing pulverization machine with the capacity of 20 HP. The petitioner is also using diesel engine to operate the machine aforesaid. Such machine as per the provisions applicable and in light of the directions given by the Government of Uttar Pradesh under the order referred in the communication dated 2nd December, 2019 cannot operate pulverization machine of the capacity referred above in the industrial area. In light of it, we do not find any just reason to interfere in the matter while exercising the powers under Article 226 of the Constitution of India. The writ petition is dismissed.

Order Date :- 20.2.2020 VMA (Samit Gopal, J.) (Govind Mathur, C.J.)