The Allahabad High Court (Lucknow Bench) has restrained an industrial unit from proceeding with its establishment or operation in the absence of valid consent from the U.P. Pollution Control Board. The Bench, while taking note of the public interest involved, has decided to proceed with the matter suo motu, converting the Public Interest Litigation filed by the Bhartiya Kisan Majdoor Union into a registered suo motu proceeding.
The Court further appointed Mr. Abhinav Bhattacharya as Amicus Curiae to assist in the further proceedings and directed that pleadings be exchanged between the parties.
Background of the Dispute
The Division Bench comprising Justice Rajan Roy and Justice Abdhesh Kumar Chaudhary was hearing Public Interest Litigation (PIL) No. 4 of 2026, filed by the Bhartiya Kisan Majdoor Union through its Zila Adhyaksh, Sunil Tewari.
The petition raised concerns regarding the alleged illegal establishment of an industry by Opposite Party No. 9 at Village Chhawan, Tehsil Sandila, Pargana Gowda, District Hardoi. Additionally, the petitioners alleged encroachment on Gaon Sabha or public utility land by the said respondent.
Submissions by the Parties
During the hearing, Sri A.K. Verma, learned counsel for Opposite Party No. 3, informed the Court regarding the status of the environmental clearances sought by the industry. He submitted that “the consent to establish sought by the opposite party no. 9 from the U.P. Pollution Control Board has been declined on 11.12.2025 and the same has been communicated to the opposite party no. 9.”
Sri Sameer Kumar Singh, appearing on behalf of Opposite Party No. 9, admitted that currently, only a boundary wall has been constructed at the site. He provided an assurance to the Bench regarding future construction activities.
As recorded in the order, the counsel “assures the Court that no further activity shall take place for establishing the industry unless all requisite NOCs, permissions or consents under the relevant statues are obtained by the company from the concerned authorities/bodies as the case may be.”
Court’s Observations and Order
The Court took the rejection order dated December 11, 2025, onto the record. The Bench observed that statutory compliances under the environmental laws are mandatory for the establishment of the industry.
The Court stated:
“In absence of consent to establish from the U.P. Pollution Board under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, the opposite party no. 9 cannot proceed to establish or operate the industry in question.”
Addressing the second relief sought regarding the alleged land encroachment, the Court directed the relevant authorities to verify the status of the land. The Bench held:
“As regards allegations of encroachment referable to relief no. 2, if the said land is Gaon Sabha Land or public utility land as the case may be the concerned authorities shall look into the matter and if there is a cause, they shall do the needful but as per law.”
Conversion to Suo Motu Proceedings
Recognizing the gravity of the issue, the Court determined that the matter required continued judicial oversight independent of the original petitioners.
The Bench observed:
“Looking into the entire circumstances, we are of the opinion that the matter shall not proceed any further at the behest of the petitioners, who have already informed the Court about the public interest involved and now the Court shall proceed suo motu…”
Consequently, the Court directed the proceedings to be registered suo motu with the title: In Re: Alleged Illegal Establishment of an Industry by the Opposite Party No. 9 at Village- Chhawan, Tehsil- Sandila, Pargana- Gowda, District- Hardoi and encroachment of Gaon Sabha/public utility land by it.
The Court further appointed Mr. Abhinav Bhattacharya as Amicus Curiae to assist in the further proceedings and directed that pleadings be exchanged between the parties.
The matter is listed for the next hearing after four weeks.
