Utt HC | Before deciding to de-seal a closed unit, Environment Protection Board must satisfy itself that petitioner complied with necessary norms

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, CJ. and N.S. Dhanik, J. entertained a petition seeking a writ of certiorari to quash the order passed by Uttarakhand Environment Protection and Pollution Control Board. 

The learned counsel for the petitioner, Vikas Kumar Guglani, submitted that impugned order by the respondent of the closure of the Unit due to several deficiencies in the said unit must be quashed and the unit must be de-sealed. After the rectification of the deficiencies noted by the Pollution Control Board and complying with the stipulated norms, the unit is still closed as the authority has not given a clean chit for de-sealing. 

Further the learned counsel for the respondent, Aditya Pratap Singh, submitted that the petitioner’s representation would only be considered in accordance with law after an inspection of the unit would be caused again by the officials of the Pollution Control Board to satisfy themselves that the petitioner’s claim of having complied with the stipulated norms were valid or not. He contended that necessary orders would be passed thereafter in accordance with law with utmost expedition. 

The Court, in this regard, observed that petitioner’s unit was closed for a week, thus directing the Board to conduct and examine the unit and cause an inspection of the subject unit. It is also important that the respondent must be satisfied that the petitioner has complied with the said norms and thereafter make any decision as it is a matter related to public interest and environment. [Eurasia Door Devices v. State of Uttarakhand, 2019 SCC OnLine Utt 346, decided on 03-05-2019]

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