- (1.) Heard learned Counsel for the appellant and learned Counsel for the respondents as well as Shri A.K. Verma, learned Counsel representing U.P. Pollution Control Board. Since affidavits have been exchanged, with the consent of parties' Counsel, we proceed to decide the appeal finally.
(2.) The plaintiff respondent No. 2 who is the resident of village Sahajadpur, Tehsil Unchahar, District Raebareli earlier filed a writ petition No. 8814 (M/B) of 2009 in this Court which was dismissed by a Division Bench of this Court vide judgment and order dated 18.12.2009 permitting her to approach appropriate forum, since the controversy involves disputed question of facts.
(3.) The plaintiff-respondent who happens to be Pradhan of Gram Sabha possesses residence over plot Nos. 821, 820 and 818. The respondent U.P. Pollution Control Board had given no objection certificate dated 8.7.2009 to the appellant for establishment of brick kiln keeping in view the licence granted by the Zila Panchayat, Raebareli dated 3.9.2009.;