JUDGMENT :

Om Prakash Shukla, J.

1. Heard Dr. L.P. Mishra and Shri Abhinav Singh, learned Counsel representing the petitioners, Shri S.C. Mishra, learned Senior Advocate, assisted by Shri Ashok Kumar Verma, learned Counsel representing the U.P. Pollution Control Board and learned State Counsel for the State-respondents.

2. The petitioner-M/s Al-Haq Foods Pvt. Ltd., which is a Private Limited Company registered under the provision of the Companies Act, has sought to invoke the extra-ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India to challenge two orders dated 11.07.2020 passed on the same day by the Chief Environmental Officer, Circle-5, U.P. Pollution Control Board, Lucknow, whereby the ‘consent to operate’ slaughterhouse (integrated meat shop) of the petitioner was refused (i) under Section 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 (hereinafter referred to as “Water Act, 1974”); and (ii) under Section 21/22 of the Air (Prevention & Control of Pollution) Act, 1981 (hereinafter referred to as “Air Act, 1981”) as amended and by both the impugned orders, the petitioner has been also directed to comply with the mandatory provisions of Water Act, 1974 and Air Act, 1981.

Though the petitioner had also sought a direction for declaring the provisions of Section 11-A of the Water Act, 1974 as ultra vires to the Constitution as well as to the provisions of the Water Act, 1974, however, during the course of arguments, learned Counsel representing the petitioner has given up the said challenge.

FACTUAL MATRIX

3. Shorn off unnecessary details, the case of the petitioner as narrated in the pleadings available on record and having gathered from the arguments of the respective parties is that sometimes in the year 2014, the petitioner, M/s Al Haq Foods Pvt. Ltd., applied for ‘No Objection Certificate’ (hereinafter referred to as ‘NOC’) for establishment of modern integrated slaughterhouse at U.P.S.I.D.C. Industrial Area, Unnao. The District Magistrate, Unnao, vide order dated 21.05.2015, in consultation with all district stakeholder departments, granted NOC to the petitioner’s unit for establishment of modern integrated slaughterhouse with 69 conditions enumerated in the said order dated 21.05.2015 itself, however, the period of expiry has not been prescribed in the aforesaid order dated 21.05.2015. Further, condition no. 68 of the aforesaid order dated 21.05.2015 stipulates that it will also be mandatory to follow the instructions given in future, whereas condition no. 69 stipulates that NOC will automatically be deemed to be cancelled for any kind of irregularity or violation of any of the conditions.

4. Thereafter, vide office memorandum dated 21.10.2016, the State Level Committee, which has been constituted for implementation of various aspects related to operation of modern integrated slaughterhouse, by the State Government, had issued NOC to the petitioner’s unit with 12 conditions. Condition No. 11 stipulates that before starting operation of the project, no-objection will have to be obtained from the Uttar Pradesh Pollution Control Board within three months. It was also stated in the aforesaid office memorandum dated 21.10.2016 that after NOC given by the State Level Committee, the concerned firm will submit an application in accordance with rules to the Member Secretary, U.P. Pollution Control Board, Lucknow, who, in turn after issuing NOC within three months for the operation of the scheme to the concerned firm, shall make available the compliance report to the State Level Committee.

5. Pursuant to the aforesaid office memorandum dated 21.10.2016, the petitioner’s unit had moved an application for granting NOC to the Member Secretary, U.P. Pollution control Board, Lucknow, which was apparently received in the office of U.P. Pollution Control Board on 21.11.2016. After that t