Bharat Chains Manufacturing Company v. State of U. P.
2016-04-04
V.K.SHUKLA, VIVEK KUMAR BIRLA
body2016
DigiLaw.ai
JUDGMENT On the matter being taken up, petitioner no. 5 has requested that his name may be deleted from the array of petitioners. Request made is accepted. Name of petitioner no. 5 is directed to be deleted from the array of petitioners. Petitioners no. 1 to 4 are submitting before this Court as far as they are concerned they have no intention to carry activities in the factory in question until and unless all requisite clearances in the shape of no objection certificate are issued by the concerned departmental authorities. Further grievance that is being sought to be raised by the petitioners before us is that the factory in question was being used as residential premises also and in the garb of sealing the petitioners have been prevented from entering in the said residential premises and as such the said peculiar aspect of the matter requires requisite direction so that the claim be considered by the District Magistrate concerned. Sri Nisheeth Yadav as well as Sri Pradeep Chauhan representing Nagar Nigam, Agra submitted that as far as carrying on manufacturing activity is concern, the same cannot be permitted for the simple reason that carrying on manufacturing activity would be in breach of the Water (Prevention and Control of Pollution) Act, 1974 as well as the Air (Prevention and Control of Pollution) Act, 1981. The petitioners have undertaken before us that no business/manufacturing activity would be carried from the premises in question and the only request that is being made is to the effect that at least residential portion be permitted to be used. At first instance such request is to be considered by the authority concerned to find out as to whether the same is a pretense or it is genuine request. Consequently, we proceed to relegate the claim of the petitioners no. 1 to 4 before the District Magistrate, Agra with a direction that in case such a claim is set up it is always expected that the District Magistrate will place the matter before the Committee for being dealt with in accordance with law and appropriate decision be taken accordingly. Needless to say that the said exercise be undertaken preferably within next six weeks from the date of production of a certified copy of this order. The writ petition stands disposed of accordingly.