Allahabad High Court
Mohd. Kausar Jah [ P.I.L.] Civil vs Union Of India Through Secy. Ministry Of ... on 29 April, 2011
Author: Devi Prasad Singh
Bench: Ferdino I. Rebello, Devi Prasad Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH AFR Reserved Writ Petition No. 9416 (M/B) of 2010 Mohd. Kausar Jah vs. Union of India and others AND Writ Petition No.10025 of 2010 (M/B) Shyam Bahadur Sakhya Vs. Union of India & Ors. **** Appearance: For the petitioner: Mr. R.N. Trivedi, Sr. Advocate assisted by Mr. Akhilesh Kalra, Advocate. Mr. Mohd. Arif Khan, Sr. Advocate assisted by Mr. Gaurav Mehrotra, Advocate. For the respondents: Mr. S.P. Singh, Sr. Advocate assisted by Ms. Pushpila Bisht, Advocate. Mr. J.N. Mathur, Addl. Advocate General & Dr. Ashok Nigam, Addl. Solicitor General of India. Hon'ble Ferdino I. Rebello, Chief Justice. Hon'ble Devi Prasad Singh, J.
(Delivered by: Justice Ferdino I. Rebello, CJ) Both the writ petitions are being disposed of by a common judgment as the relief and challenges are inter-connected. We may first set out and deal with the facts and issues of Writ Petition No.9416 (M/B) of 2010.
The petitioner has moved this Court complaining of violation of Notification No. S.O. 1533, dated 14.09.2006 issued by the Ministry of Environment and Forest, Government of India, in exercise of powers under sub-section 1 and clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986 (hereinafter referred to as ''Environment Act