IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 12325 of 2009
Date of Decision: 13.08.2009
M/s Teg Forgings & Stamping ..Petitioner
Versus
Punjab Pollution Control Board and others. ..Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present : Mr. A.K.Jain, Advocate for the petitioner
*****
T.S.Thakur, C.J. (Oral)
Pursuant to an order passed by this Court in Civil Writ
Petition No. 2796 of 2007 dated 04.10.2008, the Punjab Pollution
Control Board appears to have initiated action against among others the
forging Units established by the petitioner-company on Gill Road
opposite P.S.E.B. Office, Ludhiana.
The petitioner’s grievance now is that without passing any
formal order in the said proceedings, the Board Authorities are bent
upon closing the petitioner’s unit thereby depriving the petitioner-
company of the opportunity to challenge the validity of the order in
appropriate proceedings and also carry on its normal business activities.
Mr. Patwalia, learned counsel appearing for the Punjab
Pollution Control Board submits that according to his instructions, a
CWP No. 12325 of 2009 [2]
formal order on the subject has already been passed by the Chairman of
the Board about which a statement was made even in the contempt
proceedings initiated by Shri Sher Singh (petitioner) in Civil Writ
Petition No. 2796 of 2007. He urged that the order in question may
have been already served upon the petitioner-company but in case the
same has not been served, an additional copy of the order would be
served upon the petitioner-company within next two days.
Learned counsel for the petitioner submits that the
petitioner-company may be given reasonable time to challenge the
validity of the order in appropriate proceedings before the appropriate
Forum and the petitioner-company may be protected against the
implementation of the directions issued by the Board in the meantime to
prevent any miscarriage of justice.
In the circumstances, therefore, and keeping in view the
limited prayer that has been urged before us, we dispose of this writ
petition with the following directions:-
i) The respondent-Board shall serve the formal order
passed under the provisions of the Air (Prevention &
Control of Pollution) Act, 1981 upon the petitioner-
company within one week from today. In case the order
has already been served according to the record of the
respondent-Board, an additional copy of the same shall
be served upon the company within next two days.
ii) In case, the order passed by the respondent-Board has
not already been implemented and the Hammer, which is
said to be a source of the noise pollution, not already
CWP No. 12325 of 2009 [3]sealed as pointed out by Mr. Patwalia, the sealing of the
said Hammer and other noise polluting activities in the
unit shall remain stayed but only for a limited period of
three weeks’ from today.
Petition is disposed off with the above observations. No
costs.
A copy of the order shall be given dasti to
Mr. D.S.Patwalia, for compliance under the signature of the Bench
Secretary.
(T.S.THAKUR)
CHIEF JUSTICE
(KANWALJIT SINGH AHLUWALIA)
JUDGE
13.08.2009
‘ravinder’