IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
           Writ Petition (M/S) No. 1085 of 2017

Chandra Prakash Sharma
                                                      ....Petitioner

                            Versus

State of Uttarakhand and others
                                                  ....Respondents
Present:     Mr. Navnish Negi, Advocate for the petitioner.
             Mr. Yogesh Pandey, Addl. Chief Standing Counsel for the
             State/respondent nos. 1 & 3.
             Mr. Shiv Pandey, Advocate for respondent no. 2.


Hon'ble Sudhanshu Dhulia, J. (Oral)

The petitioner is running a hotel in the name of Rama Hotel at Village Srikot Ganganaali, Tehsil Srinagar, District Pauri Garhwal. The hotel has been sealed by the orders of Uttarakhand Environment Pollution Control Board. Since the order was appellable under Section 33-B of the Water (Prevention and Control of Pollution) Act and Section 31 of the Air (Prevention and Control of Pollution) Act, the petitioner had earlier filed an appeal before the National Green Tribunal, Principal Bench, New Delhi, which was disposed of with the following orders:

"M.A. No. 371 of 2017 The proprietors of Applicant M/s Rama Hotel (Guest House) seek permission to withdraw appeal with liberty to approach Respondent No. 1 that is Uttarakhand Environment Protection Pollution Control Board.

Learned Counsel for the Uttarakhand Environment Protection Pollution Control Board has no objection for withdrawal of the appeal. The Applicant further submits if they apply to the Board direction be issued, to consider the request expeditiously.

M.A. No. 371 of 2017 is allowed and disposed of accordingly.

Main Matter Heard. The request to withdraw the appeal is granted with liberty to apply to the Uttarakhand Environment Protection Pollution Control Board for grant of consent to establish STP. In case such application is made, it shall be considered expeditiously.

With the above order this appeal no. 47 of 2016 is disposed of accordingly, with no order as to cost."

2. In other words, the petitioner was given a liberty by the National Green Tribunal to establish S.T.P. Now the case of the petitioner is that he has already established the S.T.P., yet the sealing order has not been withdrawn.

3. The counsel for the Uttarakhand Environment and Pollution Control Board, on the other hand, contends that such an order has been passed on the direction of the Division Bench in a Public Interest Litigation.

4. Considering that the order passed by the Uttarakhand Environment and Pollution Control Board has already been appealed and there is an order by the National Green Tribunal giving an opportunity to the petitioner to establish S.T.P. (a fact which was not brought to the knowledge of the Division Bench at any point of time), writ petition stands disposed with direction to the Uttarakhand Environment and Pollution Control Board to consider the matter in the light of the directions given by the National Green Tribunal and in case the 3 petitioner has complied with the provision of law including the mandate of Environment (Protection) Act, the Board shall pass appropriate orders within a period of three weeks from the date of production of certified copy of this order.

                                (Sudhanshu Dhulia, J.)
Avneet/                                 31.05.2017