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. --------------------------------------------------------------------- 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. 1 2025:UHC:3522-DB 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 2 2025:UHC:3522-DB 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 3