✦ High Court of India · 31 Jul 2025

High Court · 2025

Case Details High Court of India · 31 Jul 2025
Court
High Court of India
Decided
31 Jul 2025
Bench
Not available
Length
1,562 words

Case :- WRIT - C No. - 17544 of 2020 Petitioner :- M/S Colour And Style Pvt. Ltd. Thru. Virendra Singh Negi Respondent :- State Of U.P. Thru. Prin. Secy. Forest And Environment And Ors. Counsel for Petitioner :- Salil Kumar Srivastava,Rahul Srivastava Counsel for Respondent :- C.S.C.,Ashok Kumar Verma Case :- WRIT - C No. - 2528 of 2022 Petitioner :- M/S Amko Exports Thru. Authorized Signatory Respondent :- State Of U.P. Thru. Principal Secretary, Environment Deptt. And 3 Others Counsel for Petitioner :- Salil Kumar Srivastava,Rahul Srivastava Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

5. Case :- WRIT - C No. - 1643 of 2023 Petitioner :- M/S Vaishnavi Enterprises Thru. Prop. Nagendra Singh And Another Respondent :- State Of Uttar Pradesh Thru. Secy. Dept. Of Geology And Mining And Others Counsel for Petitioner :- Pushpila Bisht,Ruchir Counsel for Respondent :- C.S.C.,A.S.G.I.,Ashok Kumar Verma,Chandra Shekhar Pandey Case :- WRIT - C No. - 2701 of 2023 Petitioner :- M/S Pahalwan Traders Thru. Prop. Kailash Singh Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Environment And Others Counsel for Petitioner :- Abhishek Yadav,Ashwani Kumar Counsel for Respondent :- C.S.C.,Ashok Kumar Verma Case :- WRIT - C No. - 3742 of 2023 Petitioner :- M/S Shri Kanha Construction Company, Through Its Proprietor Mr. Anil Dixit Respondent :- State Of U.P. Through Principal Secretary, Environment, Lucknow And 3 Others Counsel for Petitioner :- Abhishek Yadav,Ashwani Kumar Counsel for Respondent :- C.S.C.,Ashok Kumar Verma,Chandra Shekhar Pandey Case :- WRIT - C No. - 10340 of 2023 Petitioner :- Mumtaj Ali Respondent :- State Of U.P. Thru Prin.Secy. Geology And Mining Lko And Ors. Counsel for Petitioner :- Pushpila Bisht,Ruchir Counsel for Respondent :- C.S.C.,Ashok Kumar Verma Case :- WRIT - C No. - 10447 of 2023 Petitioner :- M/S Amko Exports Thru Its Authorized Signatory Respondent :- State Of U.P. Thru Prin.Secy. Forest, Environment And Climate Change Deptt. And Ors. Counsel for Petitioner :- Salil Kumar Srivastava,Rahul Srivastava Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

10. Case :- WRIT - C No. - 10568 of 2023 Petitioner :- Brij Kishor Dwivedi @ Braj Kishor Dwivedi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Geology And Mines, Lucknow And 3 Others Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

11. Case :- WRIT - C No. - 10601 of 2023 Petitioner :- Brij Kishor Dwivedi @ Braj Kishor Dwivedi Respondent :- State Of U.P. Thru Addl. Chief Secy. Deptt. Of Geology And Mines Lko And Ors. Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

12. Case :- WRIT - C No. - 10642 of 2023 Petitioner :- Brij Kishor Dwivedi @ Braj Kishor Dwivedi Respondent :- State Of U.P. Thru Addl. Chief Secy. Deptt. Of Geology And Mines Lko And Ors. Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

13. Case :- WRIT - C No. - 10717 of 2023 Petitioner :- Sudheer @ Anuj Sharma Respondent :- State Of U.P. Through Additional Chief Secretary, Department Of Geology And Mines, And 3 Others Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

14. Case :- WRIT - C No. - 10719 of 2023 Petitioner :- Kamlesh Chaurasiya Respondent :- State Of U.P. Through Additional Chief Secretary, Department Of Geology And Mines, And 3 Others Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

15. Case :- WRIT - C No. - 10727 of 2023 Petitioner :- Suneel Kumar Yadav Respondent :- State Of U.P. Thru Addl. Chief Secy. Deptt. Of Geology And Mines Lko And Ors. Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

16. Case :- WRIT - C No. - 10738 of 2023 Petitioner :- M/S Sharma Sales (Erstwhile M/S Excellants Apparrells) Pvt. Ltd. Thru Proprietor Bhu Prakash Sharma Respondent :- State Of U.P. Thru Prin.Secy. Forests, Environment And Climate Change And Ors. Counsel for Petitioner :- Jalaj Kumar Gupta,Mehdi Khan,Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

17. Case :- WRIT - C No. - 10739 of 2023 Petitioner :- M/S N.G. Textiles Respondent :- State Of U.P Thru. Prin. Secy. Forest, Environment And Climate Change And Others Counsel for Petitioner :- Jalaj Kumar Gupta,Mehdi Khan,Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

18. Case :- WRIT - C No. - 11086 of 2023 Petitioner :- M/S M.Y. Garments Thru. Prop. Mohd. Yusuf Respondent :- State Of U.P Thru. Prin. Secy., Environment, Forest And Climate Change And Ors. Counsel for Petitioner :- Jalaj Kumar Gupta,Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

19. Case :- WRIT - C No. - 11515 of 2023 Petitioner :- M/S Jain Processors (Erstwhile Gulshan Rai Jain) Thru Partner Anshul Kumar Jain Respondent :- State Of U.P. Thru Prin.Secy. Forests, Environment And Climate Change Lko And Ors. Counsel for Petitioner :- Jalaj Kumar Gupta,Mehdi Khan,Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

20. Case :- WRIT - C No. - 869 of 2024 Petitioner :- Katyayni Natural Resources Limited Thru. Authorized Signatory Dhananjay Kumar Respondent :- State Of Uttar Pradesh Through Special Secretary, Department Of Geology And Mining And Others Counsel for Petitioner :- Pushpila Bisht,Ruchir Counsel for Respondent :- C.S.C.,Asit Srivastava

21. Case :- WRIT - C No. - 4263 of 2024 Petitioner :- M/S Nipun Builders Pvt. Ltd., Through Its Directors, R.K. Singhla Respondent :- Uttar Pradesh Pollution Control Board Through Its Chairman, Lucknow And 2 Others Counsel for Petitioner :- Anshuman Srivastava Counsel for Respondent :- Asit Srivastava,Ashok Kumar Verma,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioners, learned counsel appearing for U.P. Pollution Control Board as well as learned Standing Counsel for the State. This is a bunch of writ petitions which were instituted after reserving the judgement on an identical issue i.e. jurisdiction to impose of environment compensation by U.P. Pollution Control Board. The issue arose previously in Writ-C No.4816 of 2024, Suez India Pvt. Ltd. vs. Uttar Pradesh Pollution Control Board and Others connected with a bunch of writ petitions, wherein, an interim protection was granted in all the writ petitions awaiting the final judgement which was reserved on 11.03.2025. An interim protection was granted in the present bunch of writ petitions so as to maintain parity of the protection as was available in the bunch of writ petitions in which the judgement was reserved. This Court has already delivered the final judgement on

17.07.2025 allowing all the writ petitions and the operative part of the judgement in paragraph-83 reads as under:- "(83) Accordingly, all the Writ Petitions are allowed. All the orders passed by the State Pollution Control Board imposing environmental compensation upon the petitioners, which are under challenge in the Writ Petitions, are quashed. The State Pollution Control Board will be at liberty to file applications before the NGT for award of compensation. Costs made easy." In these circumstances the issue raised in all these writ petitions is no more res integra. Learned counsel for the petitioners have submitted that the main issue of imposition of environmental compensation by U.P. Pollution Control Board is in the teeth of the judgement rendered by a co-ordinate bench of this Court, therefore, the same benefit may be granted in all the writ petitions which involve essentially the same issue. Sri. A. K. Verma, learned counsel for the U.P. Pollution Control Board as well as Sri Chandra Shekhar Pandey, learned counsel who has put in appearance on behalf of the Central Pollution Control Board and learned counsel for the State do not dispute that the issue involved in the present bunch of writ petition is squarely covered under the judgement rendered by a co-ordinate bench of this Court on 17.07.2025. The submission proceeds with the rider that the affected parties have a choice of availing the legal remedy against the final judgement in due course of time. Since the issue has already been decided by this Court recording exhaustive reasons and by appreciating the legal position on the subject, all the writ petitions in the present bunch, as a result thereof are allowed and the impugned orders imposing environment compensation in each of the writ petitions are set aside. The State Pollution Control Board is at liberty to file an application before the N.G.T for award of compensation in accordance with law. No order as to costs. (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 31.7.2025 akhilesh/- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Case :- WRIT - C No. - 17544 of 2020 Petitioner :- M/S Colour And Style Pvt. Ltd. Thru. Virendra Singh Negi Respondent :- State Of U.P. Thru. Prin. Secy. Forest And Environment And Ors. Counsel for Petitioner :- Salil Kumar Srivastava,Rahul Srivastava Counsel for Respondent :- C.S.C.,Ashok Kumar Verma Case :- WRIT - C No. - 2528 of 2022 Petitioner :- M/S Amko Exports Thru. Authorized Signatory Respondent :- State Of U.P. Thru. Principal Secretary, Environment Deptt. And 3 Others Counsel for Petitioner :- Salil Kumar Srivastava,Rahul Srivastava Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

5. Case :- WRIT - C No. - 1643 of 2023 Petitioner :- M/S Vaishnavi Enterprises Thru. Prop. Nagendra Singh And Another Respondent :- State Of Uttar Pradesh Thru. Secy. Dept. Of Geology And Mining And Others Counsel for Petitioner :- Pushpila Bisht,Ruchir Counsel for Respondent :- C.S.C.,A.S.G.I.,Ashok Kumar Verma,Chandra Shekhar Pandey Case :- WRIT - C No. - 2701 of 2023 Petitioner :- M/S Pahalwan Traders Thru. Prop. Kailash Singh Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Environment And Others Counsel for Petitioner :- Abhishek Yadav,Ashwani Kumar Counsel for Respondent :- C.S.C.,Ashok Kumar Verma Case :- WRIT - C No. - 3742 of 2023 Petitioner :- M/S Shri Kanha Construction Company, Through Its Proprietor Mr. Anil Dixit Respondent :- State Of U.P. Through Principal Secretary, Environment, Lucknow And 3 Others Counsel for Petitioner :- Abhishek Yadav,Ashwani Kumar Counsel for Respondent :- C.S.C.,Ashok Kumar Verma,Chandra Shekhar Pandey Case :- WRIT - C No. - 10340 of 2023 Petitioner :- Mumtaj Ali Respondent :- State Of U.P. Thru Prin.Secy. Geology And Mining Lko And Ors. Counsel for Petitioner :- Pushpila Bisht,Ruchir Counsel for Respondent :- C.S.C.,Ashok Kumar Verma Case :- WRIT - C No. - 10447 of 2023 Petitioner :- M/S Amko Exports Thru Its Authorized Signatory Respondent :- State Of U.P. Thru Prin.Secy. Forest, Environment And Climate Change Deptt. And Ors. Counsel for Petitioner :- Salil Kumar Srivastava,Rahul Srivastava Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

10. Case :- WRIT - C No. - 10568 of 2023 Petitioner :- Brij Kishor Dwivedi @ Braj Kishor Dwivedi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Geology And Mines, Lucknow And 3 Others Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

11. Case :- WRIT - C No. - 10601 of 2023 Petitioner :- Brij Kishor Dwivedi @ Braj Kishor Dwivedi Respondent :- State Of U.P. Thru Addl. Chief Secy. Deptt. Of Geology And Mines Lko And Ors. Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

12. Case :- WRIT - C No. - 10642 of 2023 Petitioner :- Brij Kishor Dwivedi @ Braj Kishor Dwivedi Respondent :- State Of U.P. Thru Addl. Chief Secy. Deptt. Of Geology And Mines Lko And Ors. Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

13. Case :- WRIT - C No. - 10717 of 2023 Petitioner :- Sudheer @ Anuj Sharma Respondent :- State Of U.P. Through Additional Chief Secretary, Department Of Geology And Mines, And 3 Others Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

14. Case :- WRIT - C No. - 10719 of 2023 Petitioner :- Kamlesh Chaurasiya Respondent :- State Of U.P. Through Additional Chief Secretary, Department Of Geology And Mines, And 3 Others Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

15. Case :- WRIT - C No. - 10727 of 2023 Petitioner :- Suneel Kumar Yadav Respondent :- State Of U.P. Thru Addl. Chief Secy. Deptt. Of Geology And Mines Lko And Ors. Counsel for Petitioner :- Pradeep Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

16. Case :- WRIT - C No. - 10738 of 2023 Petitioner :- M/S Sharma Sales (Erstwhile M/S Excellants Apparrells) Pvt. Ltd. Thru Proprietor Bhu Prakash Sharma Respondent :- State Of U.P. Thru Prin.Secy. Forests, Environment And Climate Change And Ors. Counsel for Petitioner :- Jalaj Kumar Gupta,Mehdi Khan,Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

17. Case :- WRIT - C No. - 10739 of 2023 Petitioner :- M/S N.G. Textiles Respondent :- State Of U.P Thru. Prin. Secy. Forest, Environment And Climate Change And Others Counsel for Petitioner :- Jalaj Kumar Gupta,Mehdi Khan,Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

18. Case :- WRIT - C No. - 11086 of 2023 Petitioner :- M/S M.Y. Garments Thru. Prop. Mohd. Yusuf Respondent :- State Of U.P Thru. Prin. Secy., Environment, Forest And Climate Change And Ors. Counsel for Petitioner :- Jalaj Kumar Gupta,Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

19. Case :- WRIT - C No. - 11515 of 2023 Petitioner :- M/S Jain Processors (Erstwhile Gulshan Rai Jain) Thru Partner Anshul Kumar Jain Respondent :- State Of U.P. Thru Prin.Secy. Forests, Environment And Climate Change Lko And Ors. Counsel for Petitioner :- Jalaj Kumar Gupta,Mehdi Khan,Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

20. Case :- WRIT - C No. - 869 of 2024 Petitioner :- Katyayni Natural Resources Limited Thru. Authorized Signatory Dhananjay Kumar Respondent :- State Of Uttar Pradesh Through Special Secretary, Department Of Geology And Mining And Others Counsel for Petitioner :- Pushpila Bisht,Ruchir Counsel for Respondent :- C.S.C.,Asit Srivastava

21. Case :- WRIT - C No. - 4263 of 2024 Petitioner :- M/S Nipun Builders Pvt. Ltd., Through Its Directors, R.K. Singhla Respondent :- Uttar Pradesh Pollution Control Board Through Its Chairman, Lucknow And 2 Others Counsel for Petitioner :- Anshuman Srivastava Counsel for Respondent :- Asit Srivastava,Ashok Kumar Verma,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioners, learned counsel appearing for U.P. Pollution Control Board as well as learned Standing Counsel for the State. This is a bunch of writ petitions which were instituted after reserving the judgement on an identical issue i.e. jurisdiction to impose of environment compensation by U.P. Pollution Control Board. The issue arose previously in Writ-C No.4816 of 2024, Suez India Pvt. Ltd. vs. Uttar Pradesh Pollution Control Board and Others connected with a bunch of writ petitions, wherein, an interim protection was granted in all the writ petitions awaiting the final judgement which was reserved on 11.03.2025. An interim protection was granted in the present bunch of writ petitions so as to maintain parity of the protection as was available in the bunch of writ petitions in which the judgement was reserved. This Court has already delivered the final judgement on

17.07.2025 allowing all the writ petitions and the operative part of the judgement in paragraph-83 reads as under:- "(83) Accordingly, all the Writ Petitions are allowed. All the orders passed by the State Pollution Control Board imposing environmental compensation upon the petitioners, which are under challenge in the Writ Petitions, are quashed. The State Pollution Control Board will be at liberty to file applications before the NGT for award of compensation. Costs made easy." In these circumstances the issue raised in all these writ petitions is no more res integra. Learned counsel for the petitioners have submitted that the main issue of imposition of environmental compensation by U.P. Pollution Control Board is in the teeth of the judgement rendered by a co-ordinate bench of this Court, therefore, the same benefit may be granted in all the writ petitions which involve essentially the same issue. Sri. A. K. Verma, learned counsel for the U.P. Pollution Control Board as well as Sri Chandra Shekhar Pandey, learned counsel who has put in appearance on behalf of the Central Pollution Control Board and learned counsel for the State do not dispute that the issue involved in the present bunch of writ petition is squarely covered under the judgement rendered by a co-ordinate bench of this Court on 17.07.2025. The submission proceeds with the rider that the affected parties have a choice of availing the legal remedy against the final judgement in due course of time. Since the issue has already been decided by this Court recording exhaustive reasons and by appreciating the legal position on the subject, all the writ petitions in the present bunch, as a result thereof are allowed and the impugned orders imposing environment compensation in each of the writ petitions are set aside. The State Pollution Control Board is at liberty to file an application before the N.G.T for award of compensation in accordance with law. No order as to costs. (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 31.7.2025 akhilesh/- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench

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