High CourtsSingle Bench

Shikhsa Devi vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 12 March 2021 · Citation: (2021) 03 UK CK 0095

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 593 Of 2021
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Judgment

5 paragraphs · 227 words

Manoj Kumar Tiwari, J

1.

Petitioner is a resident of Village Tikola Kalan, Tehsil Roorkee, District Haridwar. According to her, there was a Brick Kiln in the land adjoining the land of the petitioner, over which her residential house is constructed and the said Brick Kiln was not being operated for quite some time. Her grievance is that, in the absence of any consent to establish/ consent to operate obtained from State Pollution Control Board, the owner of the Brick Kiln wants to operate the same. Thus, feeling aggrieved, petitioner has approached this Court, seeking following relief:

"(i) To issue writ, order or direction in the nature of mandamus commanding the Respondent No. 1,2 and 4 to favourably consider the representations of the Petitioner dated 24.01.2021 and 01.03.2021."

3.

Since petitioner has already made a representation on 24.01.2021, which is on record as Annexure No. 3, the writ petition is disposed of with a direction to Secretary, State Pollution Control Board to consider petitioner's representation and take appropriate decision, in accordance with law, within a period of six weeks' from the date of production of certified copy of this order alongwith copy of representation.

4.

It goes without saying that, while taking any decision, the Secretary, State Pollution Control Board shall provide reasonable opportunity of hearing to all the stakeholders, including owner/licensee of the aforesaid Brick Kiln.