U.P. Pollution Control Board ... vs M/S Kalyani Pulp Private Ltd. ...
2022 Latest Caselaw 6428 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL No. - 230 of 2002
 

 
Appellant :- U.P. Pollution Control Board Lucknow And Another M/S
 
Respondent :- M/S Kalyani Pulp Private Ltd. Meerut
 
Counsel for Appellant :- Kamlesh Singh,A K Verma
 
Counsel for Respondent :- Rakesh Sharma
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Rajnish Kumar,J.

Heard Sri A.K.Verma, learned counsel for the appellants and perused the record.

This Special Appeal under Chapter VIII Rule 5 of the Rules of the Court has been preferred against the judgment and order dated 15.07.2002, passed by the learned Single Judge in Writ Petition No.2266(MS) of 2001, whereby the writ petition filed by the respondent-petitioner was allowed and the appellate authority under Section 13 of the Water Cess Act has been directed to decide the appeal preferred by the petitioner-respondent on merits.

The very maintainability of the Special Appeal under Chapter VIII Rule 5 of the Rules of the Court is at stake for the reason that this Special Appeal has been preferred against the judgment and order passed by the learned Single Judge while exercising his jurisdiction under Article 226 of the Constitution of India against the appellate order passed by the statutory Appellate Authority created under Water Cess Act which is a Central enactment.

A bare perusal of the provision contained in Chapter VIII Rule 5 of the Rules of the Court clearly shows that such appeal would not be maintainable as the same has been preferred by the appellants against the judgment and order passed by the learned Single Judge in exercise of writ jurisdiction against the order passed by the statutory appellate authority created under the Water Cess Act.

Learned counsel for the appellant could not satisfy the Court as to the maintainability of the Special Appeal, which is accordingly hereby dismissed.

Order Date :- 8.7.2022

Sanjay