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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Attau Rahman Masoodi, Subhash Vidyarthi
Al-Haq Foods Pvt. Ltd. Thru Its Director Navin Kumar Bhambri – Appellant
Versus
State Of U.P. Thru Addl. Chief/Prin.Secy. Deptt. Of Environment Forests And Climate Change – Respondent
| Table of Content |
|---|
| 1. challenge to the cancellation of consent for operation. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. details of compliance and revalidation process. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. notice regarding compliance issues raised by the board. (Para 21 , 22) |
| 4. trial run and subsequent c.c.a. granted. (Para 23 , 24 , 25) |
| 5. revocation of c.c.a. and grounds for the action. (Para 26 , 27 , 28) |
| 6. interim order and inspection reports. (Para 29 , 30 , 31) |
| 7. petitioner's compliance and approvals obtained. (Para 32 , 33 , 34) |
| 8. comparison with other industries' treatment. (Para 35 , 36) |
| 9. arguments by the petitioner regarding jurisdiction. (Para 37 , 38 , 39 , 40 , 41 , 42) |
| 10. respondent's arguments on compliance requirements. (Para 44 , 45 , 46) |
| 11. court's analysis on governmental orders. (Para 54 , 55 , 56 , 57 , 58) |
| 12. court's view on retrospective application of laws. (Para 66 , 67 , 68 , 69 , 70) |
| 13. court's findings on various compliance issues. (Para 72 , 73 , 74 , 75 , 76) |
| 14. conclusion on the sustainability of the impugned order. (Para 84 , 85 , 86 , 87 , 88 , 89) |
| 15. final order quashing the revocation. (Para 90 , 91) |
JUDGMENT :
(Subhash Vidyarthi,
The court held that the U.P. Pollution Control Board exceeded its authority in revoking the consent to operate without evidence of non-compliance, affirming that prior approvals remained valid.
Municipal refusal of NOC for slaughterhouse veterinary appointments illegal if based on appeal pendency without stay, disregarding operative civil decree; writ maintainable to enforce public duty for....
The statutory timelines provided by pollution control legislations govern consent approvals, overriding administrative deadlines, with deemed approval claiming misinterpretations rejected.
The tribunal affirmed the necessity of verifying environmental compliance by project proponents and directed ongoing monitoring by regulatory authorities, emphasizing transparency in operations.
A consent order issued by an unauthorized authority is invalid, necessitating compliance with prior court directives regarding jurisdiction.
The availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition, especially in cases where there has been a violation of the principle of natural justice ....
Environmental Clearance – Where adverse consequences of denial of ex post facto approval outweigh consequences of regularization of operations by grant of ex post facto approval, and establishment co....
The increased licensing fee imposed for cattle export is deemed a tax rather than a regulatory fee, making it ultra vires the powers granted under the Act.
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