High CourtsDivision Bench(2020) 11 UK CK 0026

Villagers Of Village Danpur And Another vs Union Of India And Others

Uttarakhand High Court · Decided on 4 November 2020

HON’BLE JUDGES
Ravi Malimath, J · Ravindra Maithani, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (PIL) No. 184 Of 2020

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Judgment

3 paragraphs · 184 words

Ravi Malimath, J

1.

This is a public interest litigation seeking for a writ of certiorari to quash the permission granted by respondent no.3 to respondent no. 4, whereby the polluting rice mill, namely, respondent no. 4 has been permitted to operate at Village Danpur, Tehsil Rudrapur, District Udham Singh Nagar.

2.

On considering the contentions, it could be seen that the permission to reopen the unit was granted by the Uttarakhand Environment Protection and the Pollution Control Board by order dated 08.05.2019 for a period of 90 days. There is absolutely no material to indicate as to whether the same has been extended or not. Therefore, until and unless there is material to indicate that it has not been extended and that he is running without permission, the petition of this nature cannot be accepted. Even the petitioners are unable to state whether the same has been extended or not. Under these circumstances, consideration of the prayer, sought for, becomes futile. Hence, the petition is dismissed with a liberty to the petitioner to file a fresh petition provided all materials are annexed thereto.