Court Orders Suo Motu Action to Address Illegal Industry Setup and Land Encroachment in Hardoi
In a significant move, the Allahabad High Court has intervened in a case concerning the alleged illegal establishment of an industry by an entity identified as Opposite Party No. 9, located in Village Chhawan, Tehsil Sandila, Pargana Gowda, District Hardoi. The court's decision came in response to a Public Interest Litigation (PIL) filed by the Bhartiya Kisan Majdoor Union and another petitioner, which highlighted serious allegations of the establishment of an industry without the necessary permissions and the encroachment on Gaon Sabha/public utility land.
The division bench, comprising Justices Rajan Roy and Abdhesh Kumar Chaudhary, noted that the U.P. Pollution Control Board had previously denied the necessary consent for the industry to operate under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. Acknowledging this denial, the court directed that no further industrial activity should occur without obtaining the requisite No Objection Certificates (NOCs) and permissions from the concerned authorities.
Furthermore, addressing the allegations of land encroachment, the court instructed the relevant authorities to investigate the claims regarding the Gaon Sabha land or public utility land. If found valid, appropriate legal actions should be initiated as per the law.
In a proactive step, the court converted the proceedings into a suo motu action, underscoring the public interest involved. The case will now proceed under the title 'In Re: Alleged Illegal Establishment of an Industry by Opposite Party No. 9 and Encroachment of Gaon Sabha/Public Utility Land.'
The court has appointed Mr. Abhinav Bhattacharya as Amicus Curiae to assist in the proceedings, emphasizing the importance of an unbiased and thorough examination of the matter. The case is scheduled for the next hearing in four weeks, allowing time for the exchange of pleadings between parties involved.
This judgment highlights the judiciary's role in safeguarding environmental norms and public land from unauthorized industrial activities, ensuring adherence to statutory regulations for the welfare of the community.
Bottom Line:
Public Interest Litigation - Alleged illegal establishment of an industry without requisite NOCs and encroachment on Gaon Sabha/public utility land - Court converted proceedings into suo motu action to address public interest concerns.
Statutory provision(s): Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981
