Uttarakhand High Court
Unknown vs State Of Uttarakhand on 24 June, 2025
2025:UHC:3522-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
WRIT PETITION (M/B) NO. 414 OF 2024
24th JUNE, 2025
Maa Sheetla Ventures ...... Petitioner
Versus
State of Uttarakhand
And Others ...... Respondents
Presence:-
Mr. Shobhit Saharia, learned counsel for the petitioner.
Mr. B.S. Parihar, Additional C.S.C. for the State of Uttarakhand.
Mr. Aditya Pratap Singh, learned counsel for respondent no.2.
Ms. Sangeeta Adhikari Patni, learned counsel, holding brief of Mr.
N.S. Pundir, learned counsel for respondent no.4.
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JUDGMENT:
(per Hon'ble The Chief Justice Sri G. Narendar)
Heard the learned counsel for the petitioner and the
learned counsel appearing for Pollution Control Board.
2. The petitioner has sought for quashing of Annexure
No.1, i.e, directions issued under Section 31(A) of the Air
(Prevention and Control of Pollution) Act, 1981 and
Section 33(A) of the Water (Prevention and Control of
Pollution) Act, 1974.
3. The proceedings came to be issued on the premise
that the consent to operate had not been issued by the
State Pollution Control Board.
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4. This Court, after taking note of the developments
and also the fact that the delay in approval was denying
employment opportunities and also supply of crucial
component of Gasoline i.e. Ethanol for blending purposes,
directed the Chief Secretary to appear before this Court.
The Chief Secretary appeared before this Court on
16.04.2025 and clarified to the Court that the State Level
Empowered Committee, under the Chairmanship of the
Chief Secretary, in its 64th meeting held on 11.04.2025,
has approved the Common Application Form (CAF-34151)
of M/s Uttarakhand Ethanols, A Unit of Maa Sheetla
Ventures Ltd. (petitioner herein) and a copy of the In-
Principle Approval was also placed before this Court.
5. Today, the learned counsel for the Pollution Control
Board would submit that a provisional Consent to
Establish Certificate has been issued and once the
necessary infrastructure/machinery is put in place, the
same would be inspected by the Board and, if the same is
found to be in order, the Consent to Operate Certificate
would be issued.
6. The submission is placed on record.
7. Once the infrastructure/machinery necessary for
issuance of the Consent to Operate Certificate are put in
place, the petitioner shall submit a representation to the
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second respondent-Pollution Control Board and obtain
acknowledgment and if such representation is made, then
the second respondent-Pollution Control Board shall
inspect the premises and in particular they shall inspect
the infrastructure/machinery and draw up a report and, if
it is found to be satisfactory, the consequential Consent to
Operate Certificate shall be issued, and, if there are
lacunas, the same shall be pointed out by the Written
Report. The inspection and furnishing of report shall be
completed by the Pollution Control Board, within fifteen
days from the date of receipt of the representation,
informing the Board about the installing of the
infrastructure/machinery.
8. The writ petition stands ordered accordingly.
9. There shall be no order as to costs.
________________
G. NARENDAR, C.J.
____________
ALOK MAHRA, J.
Dt: 24th June, 2025
Ujjwal
