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2025 DAILYLAW 184936 (ALL)

Mohd Rais Khan v. STATE OF U.P. THRU PRIN.SECY. ENVIRONMENT LUCKNOW AND ORS.

/11563/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11563 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel who appears on behalf of State-respondent and Sri Tushar Verma, Advocate holding brief of Sri Ashok Kumar Verma, learned counsel appearing on behalf of the respondent. 2. This petition has been filed with the following prayer: "(i) Issue a writ order directing the opposite parties to take necessary and needful action against the illegal running of the Brick Kiln, H.B.F. Marka, situated at Village Mirjapur Mafi, P.S. Kotwali Ayodhya, District Ayodhya. (ii) Issue any order or direction in favour of the petitioners, which this Hon'ble Court may deem fit and proper in the circumstances of the case." 3. It has been submitted by the learned counsel for the petitioner that the opposite party no.3 is running the Brick Kiln in the name of H.B.F, Marka situated at Mirjapur Mafi, District Faizabad since 2002 in an Abadi area of the Village Mirjapur Mafi, P.S. Kotwali Ayodhya, District- Ayodhya and the chimney of the said Brick Kiln is also very short and not in compliance of the Rules framed for its regulation. The petitioner has made a complaint on 01.07.2009 in the regional office of the Pollution Control Board, Faizabad. Notice was issued to the opposite party no.3 but nothing was done in the matter. The petitioner has made another Versus Counsel for Petitioner(s) : Sunil Kumar Singh Counsel for Respondent(s) : C.S.C., Ashok Kumar Verma Mohd Rais Khan .....Petitioner(s) State Of U.P. Thru Prin.Secy. Environment Lucknow And Ors. .....Respondent(s) complaint to the opposite party no.2 on 15.06.2015 but till date, necessary action under the Act or Rules has not been taken and hence this petition has been filed. 4. Sri Tushar Verma has produced before this Court a copy of the application submitted by Hind Brick Field, Village Mirzapur Mafi, Parikarma Marg, Tehsil- Sadar, District- Ayodhya, on which an order has been passed on 05.09.2024 giving consent for running Brick Kiln till 2029. 5. It has also been submitted that in case the petitioner is aggrieved by such consent being given by the opposite party no.2, he has remedy of filing appeal under Section 31 of the Air (Prevention & Control of Pollution) Act, 1981 and under Section 28 of the Water (Prevention & Control of Pollution) Act, 1974. 6. This petition is disposed of with a direction to Sri Tushar Verma to hand over the copy of the consent given on 05.09.2024 to the counsel for the petitioner today itself. The petitioner will be at liberty to challenge such consent before the appropriate authority. November 28, 2025 Abhishek Gupta WRIC No. 11563 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench