Allahabad High Court
Smt. Maya Devi W/O Prem Chandra & Ors. vs District Magistrate, Sitapur & Ors. on 1 February, 2010
Bench: Pradeep Kant, Ritu Raj Awasthi
Court No. - 1 Case :- MISC. BENCH No. - 791 of 2010 Petitioner :- Smt. Maya Devi W/O Prem Chandra & Ors. Respondent :- District Magistrate, Sitapur & Ors. Petitioner Counsel :- Sharad Kumar Srivastava Respondent Counsel :- C.S.C.,Mrs. Madhulika Yadav Hon'ble Pradeep Kant,J.
Hon'ble Ritu Raj Awasthi,J.
Heard learned counsel for the petitioners Sri Sharad K. Srivastava and Ms. Madhulika Yadav for the respondents 3 and 5.
The petitioners who are residents of the village in question and have their mango groves are allegedly aggrieved by the action of the respondent no. 4 for constructing a brick kiln in the prohibited area of 200 Mtrs. It is the own case of the petitioners that the license granted by the Zila Panchayat has already been cancelled/revoked and a request to the Pollution Control Board has been made for withdrawing the permission for the purpose. The cause of action for filing the petition is that despite license being cancelled/revoked and the aforesaid request made by Chairman, Zila Panchayat to the Pollution Control Board for withdrawning the permission, the private respondent no. 4 is continuing with the construction of brick kiln. Submission is that the District Magistrate or Sub Divisional Magistrate be directed to intervene in the matter.
Ms. Madhulika Yadav, on the basis of instructions received says that as a matter of fact, the brick kiln is not being constructed nor the constructions of the brick kiln can be allowed to continue. She further says that the brick kiln cannot be constructed under the bye-laws as the license stands cancelled though of course the permission has not been withdrawn by the Pollution Control Board. She has also drawn attention of the Court towards clause (1) of the bye-laws wherein it has been provided that in the area in question no person shall either construct/establish a brick kiln or no brick shall be put on fire unless license is obtained from the Zila Panchayat and says that the Zila Panchayat itself would see that no brick kiln in the prohibited area is constructed or established against the bye-laws.
In view of the aforesaid fact, we do not find any reason for the petitioners to come to the Court at this stage. The petition is accordingly dismissed.
Order Date :- 1.2.2010 vks