WPMS/593/2021
2021 Latest Caselaw 867 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
       ON THE 12TH DAY OF MARCH, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 593 of 2021

BETWEEN:

Smt. Shikhsa Devi.                           ..........Petitioner
     (Mr. Shikhar Kacker, Advocate)

AND:
State of Uttarakhand
and others.                                ....Respondents
     (Mr. S.S. Chauhan, Deputy Advocate General for the
     State of Uttarakhand/respondent nos. 1 & 3, Mr. Ravi
     Bisht, Advocate, holding brief of Mr. Aditya Pratap Singh,
     Advocate for respondent no. 2 and Mr. Tapan Singh,
     Advocate for respondent no. 4)


                      JUDGMENT

Petitioner is a resident of Village Tikola Kalan, Tehsil Roorkee, District Haridwar. According to her, there was a Brick Kiln in the land adjoining the land of the petitioner, over which her residential house is constructed and the said Brick Kiln was not being operated for quite some time. Her grievance is that, in the absence of any consent to establish/ consent to operate obtained from State Pollution Control Board, the owner of the Brick Kiln wants to operate the same. Thus, feeling aggrieved, petitioner has approached this Court, seeking following relief:

"(i) To issue writ, order or direction in the nature of mandamus commanding

the Respondent No. 1,2 and 4 to favourably consider the representations of the Petitioner dated 24.01.2021 and 01.03.2021."

3. Since petitioner has already made a representation on 24.01.2021, which is on record as Annexure No. 3, the writ petition is disposed of with a direction to Secretary, State Pollution Control Board to consider petitioner's representation and take appropriate decision, in accordance with law, within a period of six weeks' from the date of production of certified copy of this order alongwith copy of representation.

4. It goes without saying that, while taking any decision, the Secretary, State Pollution Control Board shall provide reasonable opportunity of hearing to all the stakeholders, including owner/licensee of the aforesaid Brick Kiln.

(MANOJ KUMAR TIWARI, J.) Arpan