W.P. No.7629/2017
18.05.2017
     Shri Rajendra Tiwari, Senior Advocate with Shri
Sanjay Agrawal, Advocate for the petitioners.
     Shri Swapnil Ganguly, Government Advocate for the
respondent Nos.1 to 3/State.

Shri Saurabh Sundar, Advocate for the respondent No.4

- Municipal Corporation, Jabalpur.

Shri Ashish Shroti, Advocate for the respondent No.5 - M.P. State Pollution Control Board.

The present petition has been filed by an Association of Dairy farm owners and Sethi Dairy apprehending that even though, the members of the Association have filed applications for license from the Jabalpur Municipal Corporation and consent under the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'Act of 1974') and the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as 'Act of 1981'), but still, the dairy owners were informed that their dairy farms will be demolished if they do not vacate the same within 24 hours.

Learned counsel for the respondents appearing on advance notice state that petitioner No.2 has applied for license and consent and that no action shall be taken against him till such time the consideration on his request of license and/or consent under the Act of 1974 and the Act of 1981 is finalized. It is also pointed out that the Municipal Corporation and the M.P. State Pollution Control Board will not take any action against all those Dairy farm owners who have submitted applications along with requisite fee and the documents to seek license from the Municipal Corporation and/or consent under the Act of 1974 and the Act of 1981 on or before 10.05.2017. But, in the absence of the name and details of dairy farm owners, who are the members of the petitioner No.1, no general direction should be issued in favour of the petitioner No.1.

We have heard the learned counsel for the parties and find that in view of the categorical stand of the counsel appearing for the M.P. State Pollution Control Board and of the Municipal Corporation, Jabalpur, that no action will be taken against the dairy farm owners till such time their applications are under consideration, who have applied for license under Section 264 of the Madhya Pradesh Municipal Corporation Act, 1956 and/or for consent under the Act of 1974 and the Act of 1981 on or before 10.05.2017. Once any decision is taken on applications received, action will be taken, but, after giving reasonable time to the dairy farm owners to avail their remedy in law.

In view of the said fact, no further orders are called for in the present petition as all those dairy farm owners who have applied for license and/or for consent along with the requisite fee and the documents, are protected in view of the statement made by the counsel appearing for the M.P. State Pollution Control Board and Municipal Corporation, Jabalpur.

Accordingly, the writ petition is disposed of. C.C. as per rules.

                (Hemant Gupta)                 (Vijay Kumar Shukla)
                  Chief Justice                         Judge
psmishra