High Court of Judicature at Allahabad
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M/S New Jai Shiv Eant Udyog And Another v. Unio Of India And Others - WRIT - C No. 53474 of 2006  RD-AH 16894 (26 September 2006)
Hon'ble S. Rafat Alam, J.
Hon'ble Sudhir Agarwal, J.
It is stated by the learned counsel for the petitioners that the controversy involved in this petition is similar to that of Civil Misc. Writ Petition No. 46815 of 2004 wherein counter affidavit has been invited and the interim order has also been granted.
Dr. A.K.Nigam, learned Additional Solicitor General of India has appeared for the Union of India-respondent no. 1. Learned Standing Counsel has appeared for the State of U.P.-respondent nos. 2 and 3. Dr.H.N.Tripathi, learned counsel has appeared for respondent nos. 4 and 5. They pray for and are allowed four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
Connect this petition with Civil Misc. Writ Petition Nos. 46815 of 2004, 52141 of 2004, 50579 of 2004, 19844 of 2005, 25244 of 2005, 11893 of 2005 and 32846 of 2005 and list on the date fixed.
Considering the submissions and also in view of the interim order dated 18.3.2005 in Civil Misc. Writ Petition No. 19844 of 2005, we direct that the respondents shall not compel the petitioner to use fly ash from the Thermal Power Station in manufacturing of bricks until further orders of this Court provided the petitioner has been granted consent by the State Board under Section 21 of the Air (Precaution and Control of Pollution) Act, 1981.
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