Chairman, U. P. State Pollution Control Board vs. Marya Frozen Agro Food Products Private Limited

ITEM NO.8 COURT NO.16 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s).8137/2023

(Arising out of impugned final judgment and order dated 23-01-2023 in WP(C) No. 39108/2022 passed by the High Court Of Judicature At Allahabad)

CHAIRMAN, U.P. STATE POLLUTION CONTROL BOARD & ORS. Petitioner(s)

VERSUS

M/S MARYA FROZEN AGRO FOOD PRODUCTS PRIVATE LIMITED & ANR. Respondent(s)

(FOR ADMISSION and I.R. and IA No.111337/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.111338/2023-EXEMPTION FROM FILING O.T. and IA No.111341/2023-CONDONATION OF DELAY IN REFILING/ CURING THE DEFECTS)

Date : 05-07-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

	For Petitioner(s)	Mr. Arvind Kumar, Adv.
		Ms. Shivangi Kumar, Adv.
		Mr. Ankit Kumar Vats, Adv.
		Mr. Saurabh Tripathi, Adv.
		Mr. Sanjay Kumar, Adv.
		Ms. Anuradha Mishra, AOR
	For Respondent(s)	Mr. Satya Mitra, AOR
		Mr. Asad Alvi, Adv.
		Ms. Saba A.k. Patel, Adv.

Mr. Hamd Irfan, Adv.

UPON hearing the counsel the Court made the following O R D E R

Delay in refiling is condoned.

Learned counsel appearing for the petitioners- Uttar Pradesh State Pollution Control Board submitted that the directions issued by the High Court in paragraph '4' of the impugned judgment/order has been complied with. However, we fail to understand as to why Digitally signed by NIRMALA NEGI Date: 2023.07.06 17:17:52 IST Reason: Signature Not Verified

at all this Special Leave Petition has been filed by the U.P. State Pollution Control Board. Paragraph '4' of the impugned order reads as under:

"Learned counsel for the State Pollution Control Board submitted that in view of the specific stand taken by the petitioner in paragraph No.23 of the rejoinder affidavit filed, the State Pollution Control Board will reconsider the matter and then may revoke the order passed under Section 32(1)(c) of the Act of 1974. The needful shall be done within one week from the date of receipt of copy of the order."

The submission made by the learned counsel for the petitioners is that the direction issued therein on the submission of the petitioners herein has been complied with. Then, in our view, the very filing of this Special Leave Petition is a gross abuse of the process of this Court. If on the submission made by the petitioners herein the Writ Petition was disposed of by the High Court, there was no reason for the petitioners herein to file this Special Leave Petition impugning the order of the High Court, particularly when the direction of the High Court has also been complied with.

Hence, the Special Leave Petition is dismissed with cost of Rs.50,000/- to be paid to be deposited with the Registry within a period of four weeks from today. On such deposit being made the same shall be transferred to the Supreme Court Legal Services Committee.

Pending application(s), if any, shall disposed of.

(RADHA SHARMA) (MALEKAR NAGARAJ) COURT MASTER (SH) COURT MASTER (NSH)

2