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Uttarakhand High Court
Shri Satnam Singh vs State Of Uttarakhand And Others on 18 February, 2026
2026:UHC:1074-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
18TH FEBRUARY, 2026
WRIT PETITION (PIL) No. 232 OF 2025
Shri Satnam Singh ....Petitioner.
Versus
State of Uttarakhand and others. ...Respondents
Counsel for the petitioner : Sri A.S. Rawat, learned Senior
Counsel assisted by Sri Gaurav
Paliwal, learned counsel.
Counsel for the respondents : Sri B.S. Parihar, learned Additional
Chief Standing Counsel and Mr.
Yogesh Chandra Tiwari, learned
Standing Counsel for the State of
Uttarakhand.
Dr. Kartikey Hari Gupta, learned
counsel for respondent No. 5.
JUDGMENT :
(Per Sri Manoj Kumar Gupta, C.J.)
1. Heard Sri A.S. Rawat, learned Senior Counsel assisted
by Sri Gaurav Paliwal, learned counsel for the petitioner, Sri B.S.
Parihar, learned Additional Chief Standing Counsel with Mr. Yogesh
Chandra Tiwari, learned Standing Counsel for the State of
Uttarakhand and Dr. Kartikey Hari Gupta, learned counsel for
respondent No. 5.
2. The present petition, filed in public interest, is for
restraining the respondent-authorities from allowing the private
respondent, namely, M/s Pea Fowl Smart Infrastructure Pvt. Ltd.
through its partners to construct stone crusher over a land situated
in Village Papadi and Sitapur Tanda, Tehsil Ram Nagar, District
2026:UHC:1074-DB
Nainital, as the case of the petitioner is that the construction is
contrary to the mining policy and would adversely affect the
environment.
3. The relief, aforesaid, has been sought principally on the
ground that the private respondent has violated the conditions of
the No Objection Certificate dated 27.12.2022 issued by the
Executive Engineer, Irrigation Department, Ramnagar, Nainital, on
basis of which, Consent to Establish the industry was granted in
favour of the private respondent by the Uttarakhand Pollution
Control Board.
4. It is noteworthy that before filing of the present writ
petition, another WPPIL bearing No. 61 of 2023 titled as 'Rohan
Chandrawati Tanay vs. State of Uttarakhand and others' was filed,
wherein also, various issues have been raised concerning the
establishment of the unit by the same private respondent arrayed
as respondent No. 6 to the said writ petition. In pursuance of the
orders passed in the said PIL, the Uttarakhand Pollution Control
Board carried-out inspection of the unit, which was being
commissioned by the private respondent and it noticed as many as
nine shortcomings. The said report has been brought on record in
WPPIL No. 61 of 2023, along with the covering letter of the
Regional Officer, Uttarakhand Pollution Control Board dated
06.03.2024.
5. After receipt of the report from the Pollution Control
Board, the private respondent sought time to remove the defects
2026:UHC:1074-DB
and to apply again for obtaining 'Consent to Operate' from the
Board. The same was granted to the private respondent vide order
dated 15.03.2024 and the time was extended by orders dated
07.05.2024, 02.07.2024 and 10.09.2024.
6. The submission of the learned counsel for the private
respondent is that in the present PIL, the petitioner, without
disclosing about the pendency of the earlier PIL and also without
impleading the Uttarakhand Pollution Control Board as a
respondent, has succeeded in obtaining an order of status quo on
23.12.2025. It is urged that as the order of status quo has been
passed and further construction activities have been stopped,
therefore, the private respondent is unable to remove the defects
pointed out by the Uttarakhand Pollution Control Board and
consequently also, could not seek fresh 'Consent to Operate' as
was permitted to be obtained in the connected PIL.
7. Sri A.S. Rawat, learned Senior Counsel appearing for the
petitioner in the present PIL, is not in a position to dispute that No
Objection Certificate was issued by the Irrigation Department only
for the purpose of obtaining the 'Consent to Establish' the unit.
Consequently, the Pollution Control Board was having power to
examine the plea whether there was breach of any condition of the
No Objection Certificate, on basis of which, the 'Consent to
Establish' was granted.
2026:UHC:1074-DB
8. In view of the above admitted position, we find force in
the submission that the Uttarakhand Pollution Control Board was a
necessary party to the present proceedings.
9. For examining the veracity of the contention that there
has been violation of the conditions imposed by the Irrigation
Department while granting No Objection Certificate, a factual
inquiry would be needed.
10. Consequently, we leave it open to the petitioner to
approach the Uttarakhand Pollution Control Board with detailed
objection within a week from today, along with true copy of the
instant order. In the event, any such Application is filed by the
petitioner, the Uttarakhand Pollution Control Board shall examine
the same and take appropriate decision within next two weeks.
11. For a period of three weeks from today, the order of
status quo would continue to operate and it would abide by the
decision that would be taken by the Pollution Control Board in
pursuance of the instant order. In case, the complaint is found to
be baseless, the private respondent shall have right to proceed
further with the construction activity in pursuance of the 'Consent
to Establish' already granted in its favour by the Uttarakhand
Pollution Control Board. However, in case the complaint is found to
be correct, no further construction activity shall be done by the
private respondent.
12. Accordingly, the instant PIL stands disposed of.
2026:UHC:1074-DB
13. Pending application, if any, also stands disposed of
accordingly.
_____________________
MANOJ KUMAR GUPTA, C.J.
___________________
SUBHASH UPADHYAY, J.
Dt: 18th February, 2026
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Date: 2026.02.18 16:48:21 +05'30'
