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2004 Supreme(SC) 1730

SUPREME COURT OF INDIA
ARIJIT PASAYAT, D.M. DHARMADHIKARI, JJ.
Uttar Pradesh Pollution Control Board. - Appellant
Versus
Anil K. Karnwal and others - Respondents
Civil Appeals Nos. 3633-34 of 1999
Decided on : 17-08-2004

Advocate Appeared:
For the Appellant :Ranjit Kumar, Senior Advocate (Pradeep Misra, Advocate.)
For the Respondents:Naveen Kumar, Ms Nandini Gore, Anil Kr. Karnwal, Chander Shekhar Ashri, S. Wasim A. Qadri, Rajiv Kr. Dubey, Kamlendra Mishra, Ashok Kr. Sharma, P.K. Manohar, M/s J.S. Wad & Co., Varinder Kr. Sharma (NP) and Ms Anu Mohla, Advocates.

The court emphasized the need for a definite area and place for the relocation of industries, as per the Draft Master Plan 2005, and allowed for objections and suggestions from the concerned industries.

Headnote:

Relocation - Industries - The court directed the filing of an affidavit indicating the definite area and place for the relocation of industries, as per the Draft Master Plan 2005, and allowed for objections and suggestions from the concerned industries.

Fact of the Case:

The court heard arguments from the appellant, U.P. Pollution Control Board, and learned counsel for the State of Uttar Pradesh and Respondent 10. The area of controversy related to the relocation of industries.

Finding of the Court:

The court directed the filing of an affidavit within three weeks indicating the definite area and place for the relocation of industries, as per the Draft Master Plan 2005, and allowed for objections and suggestions from the concerned industries. The matters were to be called for further hearing after four weeks.

Issues: Relocation of industries, Draft Master Plan 2005, Land allotment

Ratio Decidendi: The court emphasized the need for a definite area and place for the relocation of industries, as per the Draft Master Plan 2005, and allowed for objections and suggestions from the concerned industries.

Final Decision: The court directed the filing of an affidavit indicating the definite area and place for the relocation of industries, as per the Draft Master Plan 2005, and allowed for objections and suggestions from the concerned industries. The matters were to be called for further hearing after four weeks.

ORDER :

Arijit Pasayat and D.M. Dharmadhikari, JJ.

We have heard Mr Ranjit Kumar, learned Senior Counsel for the appellant, U.P. Pollution Control Board, learned counsel for the State of Uttar Pradesh and Respondent 10. We have also perused the report which was submitted pursuant to the direction given on 13-4-2004, U.P. Pollution Control Board v. Anil K. Karnwal, CA Nos. 3633-34 of 1999 decided on 13.04.2004 (SC).

2. According to us, the area of controversy is rather limited and relates to the relocation of industries. The learned counsel for the State of Uttar Pradesh submitted that the Draft Master Plan 2005 has indicated a place for relocation of the industries amongst others in the Chamra Mandi. Let an affidavit be filed within three weeks indicating the definite area and the place where the land can be allotted to the industries concerned amongst others. The suggestions in this regard shall also be brought to the notice of the industries so that they can file their objections or give suggestions, if any. The details shall also be supplied by the U.P. Pollution Control Board in order to facilitate the relocation of the industries, if any.

3. Call these matters for further hearing after four weeks. To be treated as part-heard.

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