Uttarakhand High Court
Ms Sharp Industries vs Uttarakhand Environment Protection ... on 17 February, 2016
Author: Servesh Kumar Gupta
Bench: Servesh Kumar Gupta
WPMS No. 321 of 2016 Hon'ble Servesh Kumar Gupta, J.
Mr. Siddhartha Singh, Advocate alongwith Mr. Tapan Singh, Advocate for the petitioner.
Mr. Shiv Pande, Advocate holding brief of Mr. Anurag Bisaria, Advocate for the respondents.
Having heard learned counsel for the petitioner as well as learned Standing Counsel for the respondents, it transpires that the similar controversy had also arisen in WPMS Nos. 223/2016, 229/2016 and 231/2016, wherein a Co- ordinate Bench of this Court (Vacation Judge) has rendered judgment dated 03.02.2016.
I have gone through that judgment and do also concur the view of my learned Co-ordinate Bench and accordingly, direct the petitioner to make a representation in similar lines, as have been enumerated in that judgment from para nos.9 to 13 and such representation will be decided by the Competent Officer by a reasoned and speaking order, in accordance with law within a period of two weeks from the date of receipt of such representation.
Meanwhile, the impugned notices dated 06.02.2016 and 15.02.2016 shall remain kept in abeyance.
In the above terms, this writ petition is finally disposed of.
Urgency application (IA No. 1132/2016) as well as stay application (CLMA No. 1068/2016) stand disposed of.
Learned counsel for the respondents is directed to communicate telephonically the concerned Officer regarding directions of this Court. Electricity connection of the petitioner, so disconnected by the respondents be again resumed at the earliest without any unnecessary delay and such information be quickly communicated by Uttarakhand Environment Protection and Pollution Control Board, Dehradun through its Scientific Officer to the Uttarakhand Power Corporation Limited. Such Corporation, though, has not been arrayed as the party but the Court directs such Body of Electricity to make compliance of the Court's order without any excuse.
Let a certified copy of this order be supplied to the learned counsel for the parties today itself on payment of usual charges.
(Servesh Kumar Gupta, J.) Vacation Judge 17.02.2016 Nadim