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2026 DAILYLAW 4840 (UTT)

Hotel Welcome v. Uttarakhand Pollution Control Board

WPMB/23/2026 · 2026-01-09

Manoj Kumar Tiwari, Subhash Upadhyay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:394-DB SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMB/ 2 3 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Su bh ash Upadh yay, J. 1. Mr. Pankaj Miglani, learned counsel for the petitioner. 2. Mr. Aditya Pratap Singh, learned counsel for the respondent. 3. Uttarakhand Pollution Control Board issued a demand notice to petitioner, asking him to deposit ₹9,78,750/- as Environmental Compensation for running a hotel without consent to operate from the Board. Thus, feeling aggrieved, petitioner has approached this Court, seeking the following reliefs: - (i) To summon the complete record pertaining to the case. (ii) To issue a writ of Certiorari or any other suitable writ, order or direction to quash the Demand Notice/ letter dated 16.10.2025 issued by Respondent i.e. Uttarakhand Pollution Control Board, under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, and in the interim injunct the Respondent Board from proceeding further in the matter or take any coercive action(s) under the said section against the Appellant herein. 4. After arguing for a while, Mr. Pankaj Miglani, learned counsel appearing for the petitioner submits that even though petitioner has made a representation to the Competent Authority, but he may be permitted to make fresh representation 2026:UHC:394-DB and the Competent Authority in the Uttarakhand Pollution Control Board be directed to consider the same, within some specified time limit. 5. Mr. Aditya Pratap Singh, learned counsel appearing for the Board submits that he has no objection, if the writ petition is disposed of in terms of prayer made by learned counsel for the petitioner. 6. Accordingly, the writ petition is disposed of with liberty to petitioner to make fresh representation to Uttarakhand Pollution Control Board. If he makes such representation within ten days from today, Member Secretary, Uttarakhand Pollution Control Board shall examine the issues raised by petitioner and pass appropriate order, as per law, within three weeks thereafter. Till decision is taken on the representation, no coercive action shall be taken against the petitioner, pursuant to the impugned demand notice. ( Su b h ash Up ad h y ay , J.) ( Man oj Ku m ar Tiw ar i, J.) 09.01.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.01.09 20:41:23 -08'00' 2026:UHC:394-DB