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2025 DAILYLAW 155758 (ALL)

M/S CALICO TRENDS (UNIT - 2) UPSIDC UNNAO THRU AUTHORIZED REPRESENTATIVE JAMSHED AHMAD v. STATE OF U.P. THRU ADDL. CHIEF SECY. ENVIRONMENT FORESTS AND CLIMATE CHANGE LKO AND ORS.

WRIC/7392/2025 · 2025-08-01

Attau Rahman Masoodi, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44668-DB Court No. - 1 Case :- WRIT - C No. - 7392 of 2025 Petitioner :- M/S Calico Trends (Unit - 2) Upsidc Unnao Thru Authorized Representative Jamshed Ahmad Respondent :- State Of U.P. Thru Addl. Chief Secy. Environment Forests And Climate Change Lko And Ors. Counsel for Petitioner :- Rakshit Raj Singh,Ayush Agarwal Counsel for Respondent :- C.S.C.,Ashok Kumar Verma Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. 1. Heard Sri Rakshit Raj Singh, learned counsel appearing for the petitioner and Sri Ashok Kumar Verma, learned counsel who has put in appearance on behalf of the U.P. Pollution Control Board as well as learned Standing Counsel for the State. 2. This is a writ petition which was instituted after reserving the judgement on an identical issue i.e. jurisdiction to impose of environment compensation by U.P. Pollution Control Board. The issue arose previously in Writ-C No.4816 of 2024 Suez India Pvt. Ltd. vs. Uttar Pradesh Pollution Control Board and Others connected with a bunch of writ petitions, wherein, an interim protection was granted in all the writ petitions awaiting the final judgement which was reserved on 11.03.2025. 3. This Court has already delivered the final judgement on 17.07.2025 allowing all the writ petitions and the operative part of the judgement in paragraph-83 reads as under:- "(83) Accordingly, all the Writ Petitions are allowed. All the orders passed by the State Pollution Control Board imposing environmental compensation upon the petitioners, which are under challenge in the Writ Petitions, are quashed. The State Pollution Control Board will be at liberty to file applications before the NGT for award of compensation. Costs made easy." 4. In these circumstances the issue raised in this writ petition is no more res integra. 5. Learned counsel for the petitioner has submitted that the main issue of imposition of environmental compensation by U.P. Pollution Control Board is in the teeth of the judgement rendered by a co-ordinate bench of this Court, therefore, the same benefit may be granted in all the writ petitions which involve essentially the same issue. 6. Sri. A. K. Verma, learned counsel for the U.P. Pollution Control Board as well as Sri Chandrashekhar Pandey, learned counsel who has put in appearance on behalf of the Central Pollution Control Board and learned counsel for the State do not dispute that the issue involved in the present writ petition is squarely covered under the judgement rendered by a co- ordinate bench of this Court on 17.07.2025. 7. The submission proceeds with the rider that the affected parties have a choice of availing the legal remedy against the final judgement in due course of time. 8. Since the issue has already been decided by this Court recording exhaustive reasons and by appreciating the legal position on the subject, this writ petition, as a result thereof is allowed and the impugned order imposing environment compensation in this writ petition is set aside. 9. The State Pollution Control Board is at liberty to file an application before the N.G.T for award of compensation in accordance with law. 10. No order as to costs. (Shree Prakash Singh,J.) (A.R. Masoodi,J.) Order Date :- 1.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench