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2025 DAILYLAW 160763 (ALL)

M/S NORDSTERN RUBBER AND ROLLS THRU AUTHORISED PERSON MANISH RAI v. STATE OF U.P. THRU PRIN.SECY. FOREST, ENVIRONMENT AND CLIMATE CHANGE LKO AND ORS.

WRIC/8173/2025 · 2025-08-26

Manish Kumar, Rajan Roy

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8173 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANISH KUMAR, J. Heard. Having heard learned counsel for the parties and having perused the record, we find that though a closure notice was given on 22.04.2025 but after inspection, it was found that an application for grant of consent under the relevant provisions of the Air (Prevention and Control of Pollution) Act, 1981 had been submitted, which was considered, whereupon the closure notice was withdrawn but at the same time for the deficiencies detected, environmental compensation has been imposed but without giving any prior notice to the petitioner and without confronting him with the proposed action of imposition of environmental compensation under Section 31-A of the the Air (Prevention and Control of Pollution) Act, 1981. A notice was must. Nevertheless, as the petitioner has himself acted upon the impugned order by depositing Rs. 2 lakh out of the total environmental compensation of Rs. 10,80,000/- and has approached this Court thereafter, therefore, balancing the equities purely in the facts of this case, the ends of justice would suffice, if a post decisional opportunity is given to the petitioner. We, accordingly, dispose of this petition with liberty to the petitioner to move a representation against the impugned order treating it to be a notice for imposition of environmental compensation which shall be considered by the opposite parties and if necessary, personal hearing be given to the petitioner, thereafter, a fresh decision will be taken in this regard. Whatever has happened in the meantime, shall abide by the fresh decision to be taken, Versus Counsel for Petitioner(s) : Prashant Shukla, Priya Pandey Counsel for Respondent(s) : C.S.C., Ashok Kumar Verma M/S Nordstern Rubber And Rolls Thru Authorised Person Manish Rai .....Petitioner(s) State Of U.P. Thru Prin.Secy. Forest, Environment And Climate Change Lko And Ors. .....Respondent(s) as aforesaid. The aforesaid representation be submitted within ten days from today and the same be considered and afresh decision be taken within the next one month. Till then the remaining environmental compensation shall not be realised from the petitioner subject, however, subject to afresh decision to be taken, as aforesaid. August 26, 2025 Ashish WRIC No. 8173 of 2025 2 (Manish Kumar,J.) (Rajan Roy,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench