Tariq Ahmad Bhat vs J&K Pollution Control Board And Ors

Rahul Bharti, J

Heard learned counsel for the petitioner.

The petitioner is running restaurant business in the name of M/S Amigo’s Food & Hospitalities, whichhas come to be sealed and put to closure by virtue of an order no. 176 JKPCC of 2023 dated 22.12.2023,passed by the J&K Pollution Control Committee, Jammu.

The issuance of the impugned order no. 176 JKPCC of 2023, dated 22.12.2023 is on the basis of an alleged inspection of the said restaurant premises of the petitioner. The alleged deficienciesfoundin the respective operationof the petitioner’s restaurant is that it is not meeting the requirements of section 15 of the Environmental (Protection) Act, 1986 read with requirement of consent envisaged under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.The petitioner’s restaurant is said to be running without pollution control devices and pollution control measures.

In this regard, the petitioner came to be served with notices dated 09.09.2023 and 09.10.2023 by the Regional Director PCC, Kashmir.Perusal of the said notices would show that it is not spelled out therein as to which are the pollution control devices and pollution control measures are supposed to be provided by the petitioner for the running of his restaurant business, and further, as to how the petitioner’s restaurant is supposed to have Consent to Operate to be issued by Pollution Control Committee.

The learned counsel for the petitioner submits that considering the scale of business being run by the petitioner through his restaurant, the Consent to Operate is not required.

Prima faciecase made out.

Issue notice to the respondents.

Petitioner to furnish registered postal covers for service upon respondents within a period of 07 days, whereupon the Registrar Judicial, Srinagar shall issue notice to the respondents.

List on 21.02.2024.

In the meantime, the operation of the impugned order no. 176-JKPCC of 2023 dated 22.12.2023 shall remain stayed and the restaurant premises of the petitioner shall be restored to the petitioner for enabling its running by the petitioner.

This order is, however, subject to objections from the other side.

The petitioner shall be within well his rights to approach Pollution Control Committee for obtaining the requisite consent if it is meant to be applied for and to be availed of by the petitioner for the purpose of running the restaurant.