M/S SHAHANSHAH BRICK FIELD THRU.PROP.NEERAJ RAHEJA Vs. UNION OF INDIA
LAWS(ALL)-2016-5-56
HIGH COURT OF ALLAHABAD
Decided on May 09,2016

M/S Shahanshah Brick Field Thru.Prop.Neeraj Raheja Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) This writ petition has been filed for the following relives :- (a)To issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties nos. 6 and 7 to entertain the applications of the petitioners for issuance of Earth Extraction Permits and to grant them such Permits and further directing the Opp. Parties not to create any hurdle and obstacle in running of Brick Kilns by the petitioners. (b) To award the cost of the petition in favour of the petitioners. (c) To issue any other writ, order or direction in the nature and manner which this Hon'ble Court deems fit and proper in the circumstances of the petitioners' case.
(2.) The petitioners before us are forty two brick kiln owners of the districts of Faizabad and Ambedkar Nagar who contend that they have valid licences from the local authority for running their brick -kilns but they are unable to operate their brick -kilns on account of the impediment which has been created due to the non functioning of the Committees that have been set up for the purpose of giving environmental clearance in terms of the notification issued by the Ministry of Environment, Forest & Climate Change Impact Assessment Division dated 15.01.2016 under the provisions of the Environment Protection Act 1986.
(3.) This petition was entertained by us and we had called upon the learned counsel for the Union of India as well as the State Government to inform the Court by the status of the functioning of the Committees and the process which is to be adopted for the purpose of consideration of the status of operation of such brick kilns which are already operating in the current season 2015 -2016.;


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