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2013 Supreme(All) 2872

DEVI PRASAD SINGH, VISHNU CHANDRA GUPTA
SHIV SHANKER YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Sudhir Kumar Pandey, I.P. Singh and Vishal Singh for the Petitioners; C.S.C, Anurag Shukla, Mohd. Aslam Khan and Shiv Ji Shukla for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—Petition under Article 226 of the Constitution of India has been preferred being aggrieved with “no objection certificate” issued by U.P. Pollution Control Board (in short hereinafter referred as Board) to respondent No. 10 and 11 to run the brick-kiln in utter disregard to statutory provisions and Rules regulating the conditions provided for the purpose. Respondent No. 11, Shri Jai Prakash, who according to the petitioner’s counsel, is Vidhan Sabha Prabhari of the Amethi Ruling Party of the State of U.P. entered into an agreement for lease of land bearing Gata No. 529, village Mochawa, Police Station, Amethi, District, Chhatrapati Sahu Ji Maharaj Nagar, U.P. The said agreement was registered on 15th May, 2010 in the office of Sub-Registrar, Amethi. Admittedly, land belongs to Shri Vijay Kumar Singh, Shri Bhola Singh and Shri Samarjeet Singh, S/o Sri Tej Bahadur Singh, who have given it on lease rent for the period of 20 years to Sri Jai Prakash subject to payment of Rs.15,000/- as annual rent. However, a case has been set-up in para-6 of the counter-affidavit that since opposite party No. 11 could not run the brick-kiln, he let out on rent for




































































































































































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