Mohd. Kausar Jah [ P.I.L.] Civil vs Union Of India Through Secy. ...
2011 Latest Caselaw 1426 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

AFR
 
Reserved
 

 
Writ Petition No. 9416 (M/B) of 2010
 
Mohd. Kausar Jah  vs. Union of India and others
 
AND
 
Writ Petition No.10025 of 2010 (M/B)
 
Shyam Bahadur Sakhya
 
Vs.
 
Union of India & Ors.
 
****
 
Appearance:
 
	
 
For the petitioner:       Mr. R.N. Trivedi, Sr. Advocate assisted by
 
			     Mr. Akhilesh Kalra, Advocate.
 
			     Mr. Mohd. Arif Khan, Sr. Advocate assisted by 				     Mr. Gaurav Mehrotra, Advocate.
 
		
 
For the respondents:   Mr. S.P. Singh, Sr. Advocate assisted by
 
			     Ms. Pushpila Bisht, Advocate.
 
		    Mr. J.N. Mathur, Addl. Advocate General &
 
		    Dr. Ashok Nigam, Addl. Solicitor General of India.
 

 

 
Hon'ble Ferdino I. Rebello, Chief Justice.
 
Hon'ble Devi Prasad Singh, J.

(Delivered by: Justice Ferdino I. Rebello, CJ)

Both the writ petitions are being disposed of by a common judgment as the relief and challenges are inter-connected. We may first set out and deal with the facts and issues of Writ Petition No.9416 (M/B) of 2010.

The petitioner has moved this Court complaining of violation of Notification No. S.O. 1533, dated 14.09.2006 issued by the Ministry of Environment and Forest, Government of India, in exercise of powers under sub-section 1 and clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986 (hereinafter referred to as ''Environment Act