HIMANSHU CHANDOLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In sequel to the directions issued by this Court on 16.08.2018, the Member Secretary, Uttarakhand Environment Protection and Pollution Control Board is present in Court with Mr. (Dr.) Ankur Kansal, Regional Officer of the said Board.

(2.) The Court had specifically directed respondent no. 2 to place on record a copy of one of the notices, which has been issued to the private respondents to ascertain, whether the provisions of Environment Protection Act, 1986 and Rules framed thereunder were mentioned or not. Today, a copy thereof was placed before us. On specific query put to Mr. Aman Rab, learned counsel appearing for the Uttarakhand Environment Protection and Pollution Control Board, he has drawn attention of the Court to Page 3 of the notice. This talks only of Hazardous and Other Wastes Rules, 2016.

(3.) It is evident from a combined reading of one of the notices dated 20th April, 2018 that the focus is only on The Air (Prevention and Control of Pollution) Act, 1981 and The Water (Prevention and Control of Pollution) Act, 1974. There is no whisper about the provisions of the Environment (Protection) Rules, 1986.