M/S A A CONSTRUCTIONS A PARTNERSHIP FIRM OFFICE v. UTTARAKHAND POLLUTION CONTROL BOARD THROUGH ITS MEMBER SECRETARY
WPMB/34/2026 · 2026-01-10
Manoj Kumar Tiwari, Siddhartha Sah
Public Interest Litigationbody2026
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[ 2026 DAILYLAW 4752 (UTT) · dailylaw.ai ]
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[ 2026 DAILYLAW 4752 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:449-DB SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS
W PMB 3 4 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Siddh ar t h a Sah , J.
Mr. Ramji Shrivastava, Advocate, for the petitioner.
Mr. Aditya Pratap Singh, Advocate, for the respondents.
(2) Petitioner is running a Hot Mix Plant at Vikasnagar, Dehradun. Regional Officer, Uttarakhand Pollution Control Board has passed an order on 2.1.2026, whereby operation of the petitioner’s Hot Mix Plant has been suspended owing to certain deficiencies, which were found during inspection made on 28.11.2025. Feeling aggrieved by the said order, petitioner has approached this Court seeking the following relief:
“(i) a suitable writ, order or direction in the nature of certiorari quashing/ setting aside
order dated 02.01.2026 passed by Respondent Authorities whereby the Respondent Authorities has suspended the operation of Hot Mix Plant of the petitioner until further orders. (Annexure No. 5 to the writ petition)”
(3) It is contended that the order of suspension has been passed without affording any hearing. Perusal of the record, however, reveals that the issue of pollution by the Hot Mix Plant run by petitioner was raised in WPPIL No. 233 of 2025 and pursuant to the order passed by coordinate Bench on 2.1.2026, the impugned order was passed by the Pollution Control Board.
2026:UHC:449-DB (4) Mr. Aditya Pratap Singh, learned Counsel appearing for the Pollution Control Board, submits that the impugned order is in the nature of interlocutory order, as Pollution Control Board can cancel consent to operate, however, as of now, only the consent to operate has been suspended in
order to give opportunity to the petitioner to rectify the defects found during inspection. He assures that if petitioner removes the defects, which were found by the inspecting team, and informs the Pollution Control Board about removal of defects, then team of officers of Pollution Control Board will again inspect the Hot Mix Plant within ten days from the date of receipt of such intimation and will pass fresh order.
(5) Writ petition is, accordingly,
disposed of with liberty to petitioner to have all the defects removed from the Hot Mix Plant. After removing the defects, petitioner shall inform the concerned Regional Officer of the Pollution Control Board and the Regional Officer will have the Hot Mix Plant inspected within ten days from the date of receipt of such communication and thereafter he shall pass appropriate orders, either recalling the suspension order or continuing the same.
( Siddh ar t h a Sah , J.) ( Man oj Ku m ar Tiw ar i, J.)
1 0 .0 1 .2 0 2 6 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aea b198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF 6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.01.10 16:20:06 +05'30'
2026:UHC:449-DB