MUNICIPAL CORPORATION LUCKNOW THRU MUNICIPAL COMMISSIONER v. U.P. POLLUTION CONTROL BOARD THRU CHIEF ENVIRONMENTAL OFFICER CIRCLE 5 LUCKNOW AND ORS.
WRIC/7723/2025 · 2025-08-21
Manjive Shukla, Rajan Roy
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 157685 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157685 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49065-DB Court No. - 1 Case :- WRIT - C No. - 7723 of 2025 Petitioner :- Municipal Corporation Lucknow Thru Municipal Commissioner Respondent :- U.P. Pollution Control Board Thru Chief Environmental Officer Circle 5 Lucknow And Ors. Counsel for Petitioner :- Namit Sharma Counsel for Respondent :- Ashok Kumar Verma,C.S.C. 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, and Sri Nishant Shukla, learned Additional Chief Standing Counsel for the State.
2. In this case, an order has been passed by the U.P. Pollution Control Board under Section 5 of the Environment Protection Act in exercise of the power delegated to it by the Central Government. This issue is also covered by our judgment passed today in one of the connected writ petitions bearing WRIT - C No. - 7305 of 2025 wherein we have considered 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 and as it is not in doubt that under Section 5 of the Environment Protection Act the Central Government or its delegates possess the power to impose environment compensation as earlier held in Indian Council of the Enviro Legal Action Vs. Union of India; 1996 3 SCC
212 and reiterated in the decision in D.P.C.C. Vs. Lodhi Property Co. Ltd. (Supra), therefore, the only ground raised herein, which is of lack of jurisdiction cannot succeed.
3.
The writ petition is, accordingly, dismissed, however, with liberty as far as permissible in law to peruse other statutory remedy such as appeal. . (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