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Neutral Citation No. - 2025:AHC:41594-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 26) Court No. - 21 Case :- WRIT - C No. - 8363 of 2025 Petitioner :- Shri Ram Ent Udhyog Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rajesh Kumar Vishwakarma Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner has prayed for quashing of a report dated 30.1.2024 by Regional Officer, U.P. Pollution Control Board submitted in reference to complaint made by respondent no. 8 on I.G.R.S. portal. The report mentions that an inspection of the brick kiln of the petitioner was carried out on 31.5.2023 and the brick kiln was found operational; moreover, the record does not reveal that any consent to operate was granted to the petitioner unit. It further mentions that unit is merely 200 meters from the village abadi and suggests that the site is contrary to the Uttar Pradesh Brick Kilns (Siting Criteria For Establishment) Rules, 2012. Accordingly, recommendation has been made for proceeding against the petitioner unit under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981.
2. Alongwith the writ petition, the petitioner has not filed any evidence to establish that the unit is having any consent to operate or permission from the U.P. Pollution Control Board. Moreover, the impugned report is merely in nature of recommendation made to the Board.
3. Undoubtedly, the Board before acting on the report would hear the petitioner in compliance of the principles of natural justice, therefore at this stage, we find no good reason to quash the report.
4. The petition stands disposed of accordingly. Order Date :- 21.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad