Balwant Singh Chuphal v. Principal Secretary, Uttaranchal Pollution Control Board
2006-02-24
M.M.GHILDIYAL, RAJEEV GUPTA
body2006
DigiLaw.ai
JUDGMENT Rajeev Gupta, C.J. (Oral) J.-Mr. Rakesh Thapiliyal, Advocate for the petitioner. Mr. Sudhir Singh, Advocate of Respondents nos. 1 to 3. Mr. M.S. Pal, Senior Advocate for the respondent no. 4. 2. The petitioner has filed this writ petition styled as Public Interest Litigation for the following reliefs: "1. Issue a writ, order direction in the nature of Mandamus directing the respondent no. 1 to 3 take immediate action for closure of the unit of M/s Uttaranchal Stone Crusher Pvt. Ltd. (Respondent No.4) forthwith and to take all preventive measure so that the public at large may not suffer from physical, chemical and biological conditions of the environment and or to pass any such order which this Hon'ble Court may deem fit and proper on the basis of the case as well as after taking into consideration the interest of public at large. 2. Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. 3. Award the cost of the petition to the petitioner." 3. Earlier also the stone crusher run by the fourth respondent was under scrutiny in Writ Petition 896 of 2002 (MB) which was disposed of vide judgement dated 06.08.2004 holding that the stone crusher run by the fourth respondent was not causing any pollution in the locality. The Court held so on the basis of the report submitted by amicus curiae appointed in the said petition. 4. Admittedly, the petitioner has not approached the authorities of the pollution Control Board so far with a complaint alleging causing of pollution by the fourth respondent after the passing of the judgment dated 06.08.2004 in Writ Petition No. 986 of 2002 (MB). In our opinion it would be appropriate for the petitioner to first approach authorities of the Pollution Control Board for the redressal of the grievances projected in the petition. 5. With the above observation, the writ petition stand disposed of.