C.W.P.No.1076 of 2009 (O&M)                                  1


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                              C.W.P.No.1076 of 2009 (O&M)

                              Date of Decision : 08.05.2009

Piara Lal and another                             ...Petitioners

                              Versus

Punjab Pollution Control Board and others         ...Respondents

CORAM:HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Puneet Jindal, Advocate, for the petitioners.

Mr. A.R.Takkar, Advocate, for respondent No.1.

Mr. Sukhbir Singh, Advocate, for respondent No.2.

T.S.Thakur, C.J. (ORAL) The orders impugned in this writ petition are admittedly appealable under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981. Counsel appearing for the petitioners submitted that the petitioners are ready and willing to resort to the alternative remedy of appeal, provided this Court could protect them against the bar of limitation and against disconnection for a limited period of two weeks.

Mr. Takkar counsel appearing for Punjab Pollution Control Board-respondent No.1, has no serious objection to that limited protection being extended to the appellants.

In the circumstances, we dismiss this writ petition as withdrawn reserving liberty for the petitioners to file appropriate appeal(s) against C.W.P.No.1076 of 2009 (O&M) 2 the impugned orders before the prescribed Appellate Authority. We direct that in case the appeals are filed within two weeks from today, the same shall be treated to have been filed within the period prescribed for that purpose and shall be heard and disposed of on merits. We also direct that for a further period of two weeks, disconnection of electic power shall remain stayed, subject to the following conditions :

(i)The petitioners shall not resume operation of Unit No.1/factory indicated in site map (Annexure P-3);

(ii)The petitioners shall not undertake any grinding process in Unit Nos.2 and 3, mentioned in the said site plan; and

(iii)The petitioners shall not draw any electric power or other support from Unit No.1, which according to the petitioners has already been shut down.

We make it clear that the petitioners shall be free to move the Appellate Authority for interim orders, which request shall be considered by the Appellate Authority without any influence by the fact that we have given interim protection to the appellants against disconnection of electricity.

                                                    (T.S.THAKUR)
                                                    CHIEF JUSTICE



04.5.2009                                          (HEMANT GUPTA)
Vimal                                                 JUDGE