IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION(C)NO.24865 OF 2009

U.P.POLLUTION CONTROL BOARD & ORS. ... PETITIONER(S)

VERSUS

M/S.KOTHARI FERM.&BIOCHEM LTD. & ORS. ... RESPONDENT(S)

O R D E R

Heard both sides. The petitioner-Uttar Pradesh Pollution Control Board has  

challenged the order passed by the Division Bench which permitted  

the  respondent  factory  to  run  despite  the  Report  filed  by  the  

U.P.Pollution Control Board. The Division Bench was of the view that  

the  Central  Pollution  Control  Board  have  to  inspect  the  factory  

premises of the respondent and file a report.  We are told that the  

Central Pollution Control Board has not so far filed any report and  

the same is awaited.  The matter is remitted to the High Court, as  

the main matter is pending before the High Court. The High Court may  

take appropriate steps in disposing the main matter as expeditiously  

as possible, on the basis of the report to be filed by the Central  

Pollution Control Board.

Interim order will continue till then.

The Special Leave Petition is disposed of.

..................CJI (K.G. BALAKRISHNAN)

...................J. (B.N. AGRAWAL)

NEW DELHI; 9TH OCTOBER, 2009