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Neutral Citation No. - 2025:AHC:76524-DB Court No. - 21 Case :- WRIT - C No. - 14885 of 2025 Petitioner :- Smt. Sanno Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akhilesh Kumar Pandey,Anil Kumar Dubey,Chandra Bhan Dubey Counsel for Respondent :- C.S.C.,Hari Nath Tripathi,Najakat Ali Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Present petition has been filed seeking a restraint order against respondents no. 5 and 6 restraining them from carrying on pollution and for a direction to decide the representation of the petitioner dated 18.11.2024. 2. The case of the petitioner is that respondents no. 5 and 6 are running small flour mill and masala chakki and it is causing vibrations resulting in damage to her house. She is stated to have filed representations before various authorities but it is alleged that no action has been taken, therefore, the petitioner has approached this Court by way of instant petition. 3. Sri J.N. Maurya, learned counsel appearing on behalf of U.P. Pollution Control Board has placed on record a communication dated 08.05.2025 whereby the Regional Officer, U.P. Pollution Control Board apprised the Executive Officer, Nagar Panchayat, Shergarh, Tehsil Bahedi, District Bareilly about running of the flour mill and masala chakki by respondents no. 5 and 6 in a residential area and for taking appropriate action. The said communication also mentions about an inspection report dated 03.05.2025 in which it was found that the sound level on account of running of the flour mill and masala chakki was less than 55 db
(A), the prescribed upper limit for a residential area. On basis of the said report, the U.P. Pollution Control Board has taken the stand that there was no violation of environmental laws but since the aforesaid units were being run in a residential area, therefore, the matter has been referred to the Executive Officer, Nagar Panchayat for appropriate action. 4. Learned counsel for respondents no. 5 and 6 has placed on record the registration of the aforesaid units by the department of Food Safety and Drug Administration and he submits that the units are being run after taking valid permissions from all the authorities. 5.
As it is the specific stand of U.P. Pollution Control Board that sound level was less than the upper limit prescribed and therefore, we are of the opinion that no direction is required to be issued to U.P. Pollution Control Board in this behalf. The matter has already been forwarded to the Nagar Panchayat for proper action, therefore, we leave it open to the petitioner to approach the Nagar Panchayat, if so advised. 6. The petition stands disposed of. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 12.5.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad