Smt. Pooja Devi vs State Of Uttarakhand & Others
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Uttarakhand High Court

Smt. Pooja Devi vs State Of Uttarakhand & Others on 21 March, 2024

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

          HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                              AND
             HON'BLE MR. JUSTICE RAKESH THAPLIYAL


              WRIT PETITION (PIL) NO. 191 OF 2021


                             21ST MARCH, 2024


Smt. Pooja Devi                                ......          Petitioner


Versus


State of Uttarakhand & others                  ......          Respondents


Counsel for the petitioner          :   Mr. T.A. Khan, learned Senior
                                        Counsel assisted by Mr. Mohd.
                                        Shafy, learned counsel

Counsel for the respondents         :   Mr. J.C. Pande, learned Standing
                                        Counsel for the State

                                    :   Mr. Aditya Pratap Singh, learned
                                        counsel for respondent Nos. 4 & 5

                                    :   Mr. Hari Om Bhakuni, learned
                                        counsel for respondent No. 7

                                    :   Ms. Shruti Joshi, learned counsel
                                        for respondent No. 8


The Court made the following:

JUDGMENT:

(per Hon'ble The Chief Justice Ms. Ritu Bahri)

Pursuant to order dated 24.08.2023, a

compliance affidavit dated 19.03.2024 has been filed by

the Assistant Scientific Officer, Regional Office,

Uttarakhand Pollution Control Board, Haldwani, District

Nainial, in paragraph No. 3 whereof, it has been stated

that on 03.11.2023 the Member Secretary passed an order

that the unit is not in operation from long time and effluent

treatment plant (ETP) was also not in operation, and thus

the CCA application stands refused. Copy of this order

dated 03.11.2023 is annexed as Annexure-2 to the

compliance affidavit. In paragraph No. 4 of the compliance

affidavit it has further been stated that there is no new

application for consent by respondent Nos. 7 and 8, and if

any new application for establishment or operate is applied

then the same will be decided in accordance with the Air

and Water (Prevention and Control of Pollution) Act.

2) In view of the averments made in the

compliance affidavit, present writ petition is being disposed

of by giving a direction to respondent Nos. 4 and 5 that if

subsequent application comes they will look into the

application keeping in view the distance of the slaughter

house from the school and temple.

3) Consequently, all pending applications also

stands disposed of.

_______________ RITU BAHRI, C.J.

________________ RAKESH THAPLIYAL, J.

Dt: 21ST MARCH, 2024 Negi