Nafees Ahmad v. STATE OF U.P. THRU PRIN.SECY. HOME DEPTT. LUCKNOW AND ORS.
WRIC/1757/2025 · 2025-02-27
Attau Rahman Masoodi, Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125139 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125139 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11784-DB Court No. - 1 Case :- WRIT - C No. - 1757 of 2025 Petitioner :- Nafees Ahmad Respondent :- State Of U.P. Thru Prin.Secy. Home Deptt. Lucknow And Ors. Counsel for Petitioner :- Mohd. Amir Khan,Surya Prakash Counsel for Respondent :- C.S.C.,Ashok Kumar Verma,Hemendra Kumar Bhatt Hon'ble Attau Rahman Masoodi,J. Hon'ble Manish Kumar,J. Sri Rishabh Chauhan, learned counsel has filed vakalatnama on behalf of respondent no.2, which is taken on record. Heard learned counsel for the parties. The present writ petition filed by the petitioner seeking a writ of mandamus to remove the flour mill and the speller illegally installed in the residential area by opposite party no.6. and for taking appropriate action in accordance with law after putting the respondent to notice. On the basis of instructions obtained by learned counsel for the State as well as U.P. Pollution Control Board, it is informed that so far as the noise pollution is concerned, the use of 22 horsepower diesel motor has been removed and a regular electricity connection has been obtained by the owner of the flour mill and in this manner, the noise pollution stands checked as permissible under law. Insofar as the air pollution is concerned, it is also informed that necessary measures shall be taken by the owner of the flour mill to install the necessary equipment so that the air pollution is prevented from causing any harm. Once the flour mill has been brought within the permissible limits of operation, the purpose of instituting the present writ petition has been served and the writ petition having lost its efficacy is accordingly disposed of in terms of what we
have observed herein-above. It is also made clear that the time span of running the flour mill shall be restricted to the permissible hours during course of the day, which in any case, shall not be operated after 8.00 p.m. upto 8.00 a.m next day. (Manish Kumar,J.) (Attau Rahman Masoodi,J.) Order Date :- 27.2.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench