Neutral Citation No. - 2025:AHC-LKO:43289-DB Court No. - 1 Case :- WRIT - C No. - 7098 of 2025 Petitioner :- M/S Anil Ent Udyog Lucknow Thru Proprietor Sushil Kumar Chandani Respondent :- State Of U.P. Thru Addl. Chief Secy. Environment Forests And Climate Change Lucknow 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 Subhash Vidyarthi,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 26.08.2019 valid from 01.10.2019 to 30.09.2024. 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. Since the CTO granted earlier has lapsed with the passage of time on 30.09.2024, therefore, it is open for the petitioner to apply for a fresh CTO so as to carry out the business of brick kiln in accordance with the law. 7. 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. Thus, it is provided that while considering the petitioner's application for grant of fresh CTO, the aforesaid notice issued on 17.04.2023 followed by the order dated 27.09.2023 shall not come in the way of such consideration. 8. 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. 9. The writ petition is accordingly, disposed of. . (Subhash Vidyarthi,J.) (A. R. Masoodi,J.) Order Date :- 28.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench