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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
JUDGMENT :
(Subhash Vidyarthi, J.)
Prologue:
1. Heard Dr. Lalta Prasad Misra and Sri Abhinav Singh, Advocates, the learned counsel for the petitioner, Sri Vinod Kumar Shahi, the learned Additional Advocate General assisted by Sri Shailendra Kumar Singh, the learned Chief Standing Counsel and Sri Akash Sinha, the learned Standing Counsel appearing on behalf of the State, Sri Satish Chandra Mishra, Senior Advocate assisted by Sri Ashok Kumar Verma, Advocate, the learned counsel for the U.P. Pollution Control Board and perused the records.
2. By means of the instant Writ Petition, the petitioner has challenged the validity of an order dated 14.11.2024 passed by the Chief Environment Officer, U. P. Pollution Control Board (which shall hereinafter be referred to as ‘the Board’), cancelling the ‘Consolidated Consent to Operate and Authorisation’ (which will hereinafter be referred to as ‘C.C.A.’) issued to the petitioner on 23.08.2024 for running an animal slaughter house.
3. The petitioner-company is a registered Small Scale Industry with the Ministry of Micro, Small & Medium Enterprises (MSME), Government of U.P. The petitioner applied to the District Level Committee headed by the District
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.
The right to a clean environment is a fundamental right under Article 21 of the Constitution, and compliance with environmental regulations is mandatory to ensure public health and safety.
The statutory timelines provided by pollution control legislations govern consent approvals, overriding administrative deadlines, with deemed approval claiming misinterpretations rejected.
Environmental Compliance requires prior clearance for expansions, with violations subject to penalties and operational restrictions.
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....
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