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M/S Kirori Lal Cold Storage ... vs State Of ... on 2 December, 2019 cites

Tamil Nadu Polution Control Board vs Sterlite Industries (I) Ltd. . on 18 February, 2019

(5) Learned Senior Counsel appearing on behalf of the petitioner has drawn our attention to the law laid down by the Apex Court in para-41 of Tamil Nadu Pollution Control Board Vs. Sterlite Industries (I) Ltd. and others : 2019 SCC OnLine SC 221 and the judgment of a Co-ordinate Bench of this Court in Writ-C No. 10259 of 2019 : Hma Agro Indusries Ltd. Vs. State of U.P. and 2 others, decided on 31.5.2019, and has submitted that no appeal under Section 31 (A) of the Air Act, 1991 lies before the NGT. He has further submitted that the Board has passed the impugned order dated 4.11.2019 in pursuance of the order passed by the NGT dated 16.9.2019 (Supra), in which the petitioner is not the party but prior to passing the impugned order dated 04.11.2019, the Board has neither issued any show cause notice nor giving any opportunity of hearing to the petitioner unit. Thus, as the impugned order dated 04.11.2019 has been passed in violation of principle of natural justice, therefore, the same be quashed.
Supreme Court of India Cites 96 - Cited by 46 - R F Nariman - Full Document

Kayam Singh vs State Of U.P. on 11 July, 2019

(3) Sri A.K. Verma, learned counsel for the U.P. Pollution Control Board has submitted that the petitioner has applied for license for establishment of a cold storage under U.P. Regulation of Cold Storages Act, 1976, which was rejected by the Board on 16.08.2017. Thereafter, the petitioner has applied for grant of consent to operate the cold storage, which too was rejected on 02.03.2019. But the petitioner, inspite of the aforesaid orders, started running the cold storage. In the meanwhile, one Kayam Singh has lodged a complaint before the National Green Tribunal, New Delhi (hereinafter referred to as "NGT") regarding illegal operation of cold storage at Tehsil Jalesar, District Etah, Uttar Pradesh. On the basis of the aforesaid complaint, a case has been registered as Original Application No. 707 of 2019 : Kayam Singh Vs. State of Madhya Pradesh. The NGT, vide order dated 16.9.2019, while fixing the case for further consideration on 06.12.2019, directed the Board to look into the matter and take appropriate action in accordance with law and furnish a factual action taken report in the matter within two months by e-mail.
Allahabad High Court Cites 3 - Cited by 1 - M R Chauhan - Full Document

M/S Brindawan Agro Industries Pvt. Ltd. vs State Of U.P. And 2 Others on 23 September, 2019

(5) Learned Senior Counsel appearing on behalf of the petitioner has drawn our attention to the law laid down by the Apex Court in para-41 of Tamil Nadu Pollution Control Board Vs. Sterlite Industries (I) Ltd. and others : 2019 SCC OnLine SC 221 and the judgment of a Co-ordinate Bench of this Court in Writ-C No. 10259 of 2019 : Hma Agro Indusries Ltd. Vs. State of U.P. and 2 others, decided on 31.5.2019, and has submitted that no appeal under Section 31 (A) of the Air Act, 1991 lies before the NGT. He has further submitted that the Board has passed the impugned order dated 4.11.2019 in pursuance of the order passed by the NGT dated 16.9.2019 (Supra), in which the petitioner is not the party but prior to passing the impugned order dated 04.11.2019, the Board has neither issued any show cause notice nor giving any opportunity of hearing to the petitioner unit. Thus, as the impugned order dated 04.11.2019 has been passed in violation of principle of natural justice, therefore, the same be quashed.
Allahabad High Court Cites 4 - Cited by 1 - R Joshi - Full Document
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