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2025 DAILYLAW 55336 (ALL)

KHALID AZEEZ v. STATE OF U.P. AND 5 OTHERS

WRIC/15024/2025 · 2025-05-12

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77842-DB Court No. - 21 Case :- WRIT - C No. - 15024 of 2025 Petitioner :- Khalid Azeez Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjiv Kumar Dwivedi Counsel for Respondent :- C.S.C.,J. N. Maurya Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for issuing a writ of mandamus commanding the District Magistrate to decide representation dated 17.03.2025 regarding illegal running of a factory by respondent no. 6. 2. The case of the petitioner, who claims himself to be a resident of the area where respondent no. 6 is running the factory, is that the factory is being run illegally. According to him, it is a threat to life and property as therein respondent no. 6 is using gas cutters. 3. Sri Abhijit Saxena has entered appearance on behalf of U.P. Pollution Control Board. He has placed on record the written instructions received from the Regional Officer, U.P. Pollution Control Board, Meerut, according to which, respondent no. 6 is carrying on manufacturing of oxygen regulators. It is stated that the said activity is covered under white category (non-polluting) as per classification made by Central Pollution Control Board and for such a unit consent to establish and consent to operate is not required in view of notification dated 12.11.2024. Consequently, there is no requirement to obtain consent-to-establish or consent- to-operate nor the Board has any power to issue closure order. However, since the factory is being run in a residential area and therefore, in view of order of U.P. Government dated 05.09.2003, the issue has been referred to the Chief Executive Officer, Cantonment Board, Meerut, as the area falls under the jurisdiction of Cantonment Board. 4. Having regard to the aforesaid stand of U.P. Pollution Control Board, we leave it open to the petitioner to approach the Cantonment Board, Meerut for redressal of his grievance, if so advised. 5. The petition stands disposed of. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 13.5.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad