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2023 Supreme(All) 858

DEVENDRA KUMAR UPADHYAYA, OM PRAKASH SHUKLA
Al Haq Food Pvt. Ltd. Through Its Director Namely Mohd. Anwar – Appellant
Versus
State Of U. P. Through Additional Chief Secretary Forests And Environment – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Salil Kumar Srivastava, Abhinav Singh, Lalta Prasad Misra, Rahul Kapoor, Rahul Srivastava, Shobhit Mohan Shukla, Vinod Kumar
For the Respondent: Ashok Kumar Verma

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

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