M/S DEV YASH PROJECTS AND INFRASTRUCTURE P LTD. -RAJ SHAYMA CONST. JV THRU. AUTH.SIGN. SANJAY KUMAR v. STATE OF U.P. THRU. SECY. DEPTT. OF GEOLOGY AND MINING LKO. AND 4 OTHERS
WRIC/6926/2025 · 2025-08-21
Manjive Shukla, Rajan Roy
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 152756 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152756 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49065-DB Court No. - 1 Case :- WRIT - C No. - 6926 of 2025 Petitioner :- M/S Dev Yash Projects And Infrastructure P Ltd. -Raj Shayma Const. Jv Thru. Auth.Sign. Sanjay Kumar Respondent :- State Of U.P. Thru. Secy. Deptt. Of Geology And Mining Lko. And 4 Others Counsel for Petitioner :- Suryansh Narula Counsel for Respondent :- C.S.C.,Ashok Kumar Verma,Samidha Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J.
1. Heard learned counsel for the petitioner, Sri Ashok Verma, learned counsel for the U.P. Pollution Control Board, Ms. Samidha, learned counsel for the National Highway Authority of India and Sri Nishant Shukla, learned Additional Chief Standing Counsel for the State.
2. In this case, show cause notices dated 30.4.2025 proposing imposition of environmental compensation has been challenged. The challenge is on the ground of lack of jurisdiction. We have already decided this issue in the connected writ petition bearing WRIT - C No. - 7305 of 2025 ( M/S Ramesh Dyeing And Washing, Ghaziabad Thru Proprietor Ramesh Chand Vs. State Of U.P. Thru Prin.Secy. Forest, Environment And Climate Change Deptt. Lko And Ors) relying upon the decision of Hon'ble The Supreme Court in the case of D.P.C.C. Vs. Lodhi Property Co. Ltd. (Civil Appeal No (s). 757- 760 of 2013 wherein it has been held that
Pollution Control Board has such jurisdiction. We have dismissed the writ petition. In this case as no final order has been challenged, therefore, if the proceedings are still pending before the U.P. Pollution Control Board, the petitioner may file response, which shall be taken into consideration keeping in mind the judgment of Hon'ble Supreme Court in the case of D.P.C.C. Vs. Lodhi Property Co. Ltd. (Supra) and considered decision shall be taken.
3. The writ petition is, accordingly, disposed of. . (Manjive Shukla,J.) (Rajan Roy,J.) Order Date :- 21.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench