M/S HOTEL GARHWAL TERREIS v. UTTARAKHAND POLLUTION CONTROL BOARD
WPMS/169/2025 · 2025-03-12
Ravindra Maithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1229 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1229 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPMS No. 169 of 2025 WPMS No. 13 of 2025 Hon’ble Ravindra Maithani, J.
Mr. Vedant Bijalwal, Advocate for the petitioners. Mr. Pradeep Hairiya, Standing Counsel for the State. Mr. Aditya Pratap Singh, Advocate for the Uttarakhand Pollution Control Board. Mr. Pawan Semwal, Advocate holding brief of Rahul Consul, Advocate for the Mussoorie Dehradun Development Authority Mr. Pankaj Chaturvedi, Advocate for the Uttarakhand Jal Sansthan. The challenge in these petitions are made to show cause notice dated 13.02.2024 as well as the demand notice dated 08.11.2024 for environmental compensation issued by the Uttarakhand Pollution Control Board (“the Board”). Heard and perused the file.
Learned counsel for the petitioners would submit that the Board has not given opportunity of hearing to the petitioners before issuing the show cause notice.
Learned counsel for the Board would submit that OA No. 353 of 2022, Kartik Sharma v. State of Uttarakhand and others, is pending before the National Green Tribunal, New Delhi (“the Tribunal”)and pursuant to the Order dated 29.07.2024 passed in OA No. 353 of 2022, by the Tribunal, the impugned notices were issued to the petitioners. He would submit that the
petitioners may approach the Tribunal for any remedy, as is permissible under the law, and this Court may not interfere in the matter.
Learned counsel for the Board would also submit that in a similar matter i.e. Writ Petition (M/S) No. 676 of 2024, such
order has been passed. He would also submit that for a week, till the petitioners approach the Tribunal, the Board may not proceed in the matter. Since the action that is impugned has been taken pursuant to the order dated 29.07.2024 passed in OA No. 353 of 2022, by the Tribunal, this Court may not interfere in the matter. The petitioners may approach the Tribunal within a week and as assured by the learned counsel for the Board, for another week, no proceeding in the matter shall be taken by the Board. The writ petitions stand disposed of accordingly.
(Ravindra Maithani J.)
12.03.2025 Avneet/