M/S S.K. BRICK FIELD, LUCKNOW THRU AUTH. REPRESENTATIVE SUSHIL KUMAR CHANDANI v. STATE OF U.P. THRU ADDL. CHIEF SECY. ENVIRONMENT FORESTS AND CLIMATE CHANGE LKO AND ORS.
WRIC/6970/2025 · 2025-07-29
Attau Rahman Masoodi, Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 153291 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 153291 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43775-DB Court No. - 1 Case :- WRIT - C No. - 6970 of 2025 Petitioner :- M/S S.K. Brick Field, Lucknow Thru Auth. Representative Sushil Kumar Chandani Respondent :- State Of U.P. Thru Addl. Chief Secy. Environment Forests And Climate Change Lko And Ors. Counsel for Petitioner :- Ganesh Kumar Gupta,Umesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma,Chandra Shekher Pandey Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J.
1. Heard Shri Ganesh Kumar Gupta, the learned counsel for the petitioner, Shri Ashok Kumar Verma, the learned counsel appearing on behalf of the U.P. Pollution Control Board and Shri Akash Sinha, the learned State Counsel.
2. The present writ petition is directed against the notice dated 17.04.2023 issued by the Chief Environmental Officer, Circle-5, U.P. Pollution Control Board, Lucknow followed by the order dated 27.09.2023 coupled with the attachment
order issued on 13.06.2025.
3. Learned counsel for the petitioner has submitted that neither the notice dated 17.04.2023 nor the
order in furtherance thereof passed on 27.09.2023 were communicated to him before the attachment of the land vide order dated 13.06.2025 bringing his business of Brick Kiln to a sudden halt.
4. Learned counsel for the petitioner has placed on record a copy of the CTO granted to him on 18.09.2020 valid from 01.10.2020 to 30.09.2025.
5. It is during the validity of CTO that the impugned notice and the order has come to be passed. The order passed on 27.09.2023 seeks to
impose an environmental compensation to the tune of Rs.7,50,000/- besides other stipulations. In so far as imposing of environmental compensation is concerned, the matter in this regard has been dealt with in exhaustive judgment rendered on 17.07.2025 in a bunch of petitions leading case being Writ-C No.4816 of 2024. There is no reason for this Court not to grant the benefit of the said
judgment in so far as the imposition of environmental compensation is concerned.
6. It is made clear that the notice issued to the petitioner on 17.04.2023 issued by the Chief Environmental Officer, Circle-5, U.P. Pollution Control Board, Lucknow followed by the order dated 27.09.2023 do not spell out any reason on the basis of which an adverse inference can be drawn against him for having indulged into any specific violation of the statutory provisions or otherwise.
7. The attachment order passed on 13.06.2025 on the premise of notice issued on 17.04.2023 followed by the order dated 27.09.2023 is hereby set-aside.
8. The writ petition is accordingly, disposed of. (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.)
Order Date :- 29.7.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench