The petitioners are aggrieved by the order dated 14.12.2008 passed bys the SDM Bazpur and the order dated 20.4.2009 passed by the Uttarakhand Environment Conservation and Pollution Control Board, Uttarakhand, whereby the plant or the industrial unit of the petitioners has been stopped from functioning, as it does not have an environment clearance.

2. The case of the petitioners is that they have opened a “natural screening plant” in Village Bannakhera, Tehsil Bazpur, District Udham Singh Nagar. According to the petitioners as per the Environment (Protection) Act, 1986 and the rules framed thereunder, there is no provision for the petitioners to get a No Objection Certificate from the Environmental Protection Board, which is presently functioning in Uttarakhand, as there is no provision for taking such a certificate for a “natural screening plant” as it is not mentioned in the Schedule, to the Environment Protection Rules.

3. Admittedly, by a notification of the State of U.P. dated 3rd November, 2000 (contained as Annexure No. 4-A to the affidavit filed by respondent no. 4). The entire State of U.P. has been declared Air Pollution Control Area under Section 19(1) of the Air