The Allahabad High Court has refused to interfere in the order to seal the industrial unit for using coal despite being banned by Petha manufacturers in Taj Trapezium Zone Agra.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi passed this order while hearing a petition filed by Anshul Dhumash.
Petitioner is engaged in the manufacturing of petha at Agra. His unit apparently has been sealed by the authorities of State on the ground that the unit is consuming coal which is vitiating the air quality in the Taj Trapezium Zone and that use of coal in such unit is otherwise prohibited in view of the direction issued by the Supreme Court in MC Mehta vs Union of India & Ors (1997) 2 SCC 353.
Counsel for the petitioner submitted that though petha manufacturers have applied for connection of gas in the year 2008 but such connection has not been provided to them.
Counsel also places reliance upon the communication dated 09.01.2019 of U.P Pollution Control Board, as per which, green category includes small petha manufacturing units where consumption of coal is less than 12 metric tonnes per day.
Counsel representing the U.P Pollution Control Board states that the unit of petitioner is situated within the Taj Trapezium Zone and there is a clear embargo with regard to use of coal in manufacturing units in the area by virtue of orders passed by the Supreme Court.
He further submitted that the communication of U.P Pollution Control Board dated 09.01.2019 is applicable in respect of other areas and not the Taj Trapezium Zone.
The Court attention has been invited to the direction of Supreme Court in MC Mehta (supra) wherein the Court has issued various directions including clause (4) of para 35 which is reproduced hereinafter:-
“(4) Those industries which neither apply for gas connection nor for alternative industrial plot shall stop functioning with the aid of coke/ coal in the TTZ with effect from 30.04.1997. Supply of coke/coal to these industries shall be stopped forthwith. The District Magistrate and the Superintendent of Police shall have this order complied with.”
The Court noted that,
Perusal of the order of the Supreme Court would, therefore, clearly reveal that there is a prohibition with regard to use of coal in various industries in the TTZ with effect from 13.04.1997.
Our attention has not been invited to any subsequent order of the Supreme Court whereby the direction contained in the earlier judgment has been modified by the Apex Court. In that view of the matter, we find no illegality in the action of the respondents in sealing the petitioner’s premises so as to enforce the orders passed by the Supreme Court.
The Court further noted that though it is alleged that gas connection has not been provided to the petitioner but neither the Gas Authority of India has been implemented as a party nor any material has been placed before us which may show that despite applying for gas connection the authorities have refused its supply. No grievance otherwise is raised in that regard nor the writ petition contains any prayer for supplying gas to the petitioner.
“We, therefore, are of the view that petitioner’s plea that gas connection has not been provided is merely an excuse to escape from the clutches of the restraint order passed by the Supreme Court”, the Court observed while dismissing the petition.