DEVI PRASAD SINGH, J. - (1.) PETITION under Article 226 of the Constitution of India has been preferred being aggrieved with ""no objection certificate"" issued by U.P. Pollution Control Board (in short hereinafter referred as Board) to respondent No.10 and 11 to run the brick-kiln in utter disregard to statutory provisions and Rules regulating the conditions provided for the purpose. Respondent No.11, Shri Jai Prakash, who according to the petitioner's counsel, is Vidhan Sabha Prabhari of the Amethi Ruling Party of the State of U.P. entered into an agreement for lease of land bearing Gata No. 529, village Mochawa, Police Station, Amethi, District, Chhatrapati Sahu Ji Maharaj Nagar, U.P. The said agreement was registered on 15th May, 2010 in the office of Sub -Registrar, Amethi. Admittedly, land belongs to Shri Vijay Kumar Singh, Shri Bhola Singh and Shri Samarjeet Singh, S/o Sri Tej Bahadur Singh, who have given it on lease rent for the period of 20 years to Sri Jai Prakash subject to payment of Rs.15,000/- as annual rent. However, a case has been set-up in para-6 of the counter affidavit that since opposite party No. 11 could not run the brick-kiln, he let out on rent for the period of ten years on yearly rent of Rs.15,000/- to the respondent No. 10. After obtaining the land from the respondent No.10, respondent No.11 started to construct the brick-kiln, which seems to opposed by the petitioners on the ground that brick-kiln is situated within the prohibited distance provided by the Rules of Zila Parishad, which is being followed by Board. Though in appeal, the license as well as "no objection certificate" was set-aside by the appellate authority, but later on fresh "no objection certificate" was granted by the Board and brick-kiln was energized sometimes after March, 2011. Respondent no. 10 and 11, purported to restart the brick kiln on the basis of ""no objection certificate"" issued by the Board. Accordingly, a prayer has been made for quashing of ""no objection certificate"" granted by the Board.
(2.) WHILE assailing the opening of brick -kiln by respondents Nos. 10 and 11, the petitioner stated that brick -kiln is situated within the distance of 200 meter from the abadi of village Mochwa. The school, grove land or orchard are also situated within the prohibited distance. Against the grant of first ""no objection certificate"" to run the brick -kiln, the petitioner had filed a writ petition No. 6653 (M/B) of 2010, in which, by order dated 10.08.2010, this Court had directed the statutory appellate authority to decide the controversy treating the memo of the writ petition as an appeal. The petitioner, along with copy of memo of writ petition and order dated 10.08.2010 of this Court passed in the aforesaid writ petition, had filed an appeal No. 17 of 2010, under Section 31 (2) of the Air (Pollution & Control) Act, 1981. However, the Appellate Authority had not decided the appeal within the stipulated period of two months as provided by this Court and the respondent Nos. 10 and 11 completed the construction of brick-kiln over Gata No. 521.
(3.) SUBJECT to aforesaid backdrop, the petitioner had filed another writ petition No. 170 (M/B) of 2011 in this Court. In the said writ petition, this Court, by order dated 07.1.2011, directed the District Magistrate as well as Superintendent of Police of the District to restrain the respondent Nos. 10 and 11 from starting the brick-kiln. The order dated 7.1.2011 passed by this Court directing the authorities not to permit to function the brick -kiln, has been filed as Annexure No. 9 to the writ petition. The operative portion of the order dated 07.1.2011 is reproduced as under:- "In the meantime, in case Abadi land is situated less than the distance of 200 metres, then the district authorities i.e., District Magistrate and the Superintendent of Police concerned, shall ensure that brick kiln of private respondent does not function at the place in question." ;