KIRORI LAL COLD STORAGE Vs. STATE OF U.P.
LAWS(ALL)-2019-12-368
HIGH COURT OF ALLAHABAD
Decided on December 02,2019

Kirori Lal Cold Storage Appellant
VERSUS
STATE OF U.P. Respondents


Referred Judgements :-

WHIRLPOOL CORPORATION VS. REGISTRAR OF TRADE MARKS MUMBAI [REFERRED TO]


JUDGEMENT

- (1.)Heard Mr. Jaideep Narain Mathur, Senior Advocate, assisted by Ms. Nandita Bharti, learned counsel for the petitioner, Mr. Anand Singh, learned Standing Counsel for respondent nos. 1 and 4/State and Mr. Ashok Kumar Verma, learned counsel for the respondent nos. 2, 3 and 5.
(2.)By means of this writ petition under Article 226 of the Constitution of India, the petitioner is praying for quashment of the order dated 04.11.2019 passed by the U.P. Pollution Control Board, Lucknow hereinafter referred to as "Board"), whereby the Chief Environment Officer, Circle-IV of the Board, in exercise of powers under Section 31 (A) of the Air (Prevention and Control of Pollution) Act , 1991 (hereinafter referred to as " Air Act , 1991"), has directed for closure of the petitioner unit of cold storage in Jalesar District Etah and has also directed the concerned officers to disconnect the electricity and water connection to the petitioner Unit. The petitioner has also challenged the consequential order dated 15.11.2019 passed by the District Magistrate, Etah.
(3.)Sri A.K. Verma, learned counsel for the U.P. Pollution Control Board has submitted that the petitioner has applied for license for establishment of a cold storage under U.P. Regulation of Cold Storages Act, 1976, which was rejected by the Board on 16.08.2017. Thereafter, the petitioner has applied for grant of consent to operate the cold storage, which too was rejected on 02.03.2019. But the petitioner, inspite of the aforesaid orders, started running the cold storage. In the meanwhile, one Kayam Singh has lodged a complaint before the National Green Tribunal, New Delhi (hereinafter referred to as "NGT") regarding illegal operation of cold storage at Tehsil Jalesar, District Etah, Uttar Pradesh. On the basis of the aforesaid complaint, a case has been registered as Original Application No. 707 of 2019 : Kayam Singh Vs. State of Madhya Pradesh. The NGT, vide order dated 16.9.2019, while fixing the case for further consideration on 06.12.2019, directed the Board to look into the matter and take appropriate action in accordance with law and furnish a factual action taken report in the matter within two months by e-mail.


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