HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- WRIT - C No. - 51896 of 2010
 

 
Petitioner :- Shivbaran
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- P.R. Maurya
 
Counsel for Respondent :- C.S.C.,Dr.H.N.Tripathi,Manoj Gautam,Shashi Nandan
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Ajit Kumar,J.

Heard Sri P.R. Maurya, learned Advocate appearing for the petitioner and Dr. H.N. Tripathi, learned Advocate appearing for respondents no. 4 and 5 and Dr. D.K. Tiwari learned Additional Chief Standing Counsel for respondents no. 1, 2 and 3.

Though the list is being revised, Sri Manoj Gautam who has put in appearance on behalf of respondent no. 6 by filing vakalatnama is not present to represent respondent no. 6.

By means of this petition under Article 226 of the Constitution, the petitioner has assailed the order dated 10.6.2010 whereby the representation of the petitioner against stone crusher being established by the respondent no. 6 has come to be rejected.

The grievance of the petitioner is that the license to run the stone crusher unit was sanctioned for Village Griwan, pergana & Tehsil Naraini, District Banda but the stone crusher unit was being established in village Gopal Khera and, therefore, there has not been proper consideration of grievance raised by the petitioner while passing the order dated 10.6.2010 and the material that has been examined is not relevant one.

Per contra the argument advanced by Dr. H.N. Tripathi, learned Advocate representing Pollution Control Board submits that no objection was granted to the respondent on 2.6.2010 for setting up stone crusher unit on plot no. 116 situate in Village Gopalan Khera Nevada road Banda a copy of which has been annexed as Annexure C.A. 1. The petitioner having not challenged the no objection certificate, his representation was liable to be rejected and no relief can be granted in the present writ petition against the respondent no. 6 who is enjoying the no objection certificate. He further submits that much time has elapsed after the grant of no objection certificate and the unit has come to be established and, therefore, if the petitioner has grievance against the order granting no objection, it is always open for the petitioner to approach the appellate authority under Section 31 of the U.P. (Prevention and Control of Pollution) Act, 1981.

In such view of the matter and with the aforesaid liberty to the petitioner to approach the appellate forum, if he is so advised, the writ petition is dismissed consigned to records.

Order Date :- 24.9.2019 Nadeem Ahmad (Ajit Kumar,J.) (Ramesh Sinha,J.)