High CourtsSingle Bench

M/s Mica Glass Industries vs Uttarakhand Environment Protection And Pollution Control Board Another

Uttarakhand High Court · Decided on 1 July 2021 · Citation: (2021) 07 UK CK 0003

HON’BLE JUDGES
Manoj Kumar Tiwari, J
ACTS & SECTIONS REFERRED
Water (Prevention And Control Of Pollution) Act, 1974 — Section 33A · Air (Prevention And Control Of Pollution) Act, 1981 — Section 31A
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 392 Of 2018
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

10 paragraphs · 174 words

Manoj Kumar Tiwari, J

1.

Heard learned counsel for the parties through video conferencing.

2.

By means of this writ petition, petitioner has challenged the order dated 24.01.2018 passed by Uttarakhand Pollution Control Board. By the said

order, petitioner was directed to close down his unit, which was being run without consent of the Pollution Control Board.

3.

From perusal of the impugned order, it appears that directions were issued to the petitioner; but, despite said directions, he neither applied for

consent of the Board nor cured the defects, accordingly by exercising power under Section 33A of the Water (Prevention and Control of Pollution)

Act, 1974 and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, petitioner was directed to close down its unit.

4.

Since no industrial unit can run without consent to operate from concerned Pollution Control Board in view of the relevant statutory provisions,

therefore, there is no scope for interference in the matter.

5.

Accordingly, the writ petition fails and is dismissed. No order as to costs.