IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                         Civil Writ Petition No.27859 of 2018 (O&M)
                         DATE OF DECISION: 31.10.2018

Bawa Singh
                                                                .....Petitioner
                                   versus

State of Punjab and others
                                                             .....Respondents

CORAM:-      HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE
             HON'BLE MR. JUSTICE ARUN PALLI

Present:     Mr. B.D. Sharma, Advocate for the petitioner
                  ..

KRISHNA MURARI, CHIEF JUSTICE: (Oral) A writ in the nature of mandamus is prayed for commanding the respondent-authorities to close and remove the industrial unit (respondent No.10) engaged in the manufacturing of fan canopies at 5-A, New Kapoor Nagar, Sultanwind Road, Amritsar, for the said industry has been established in an area reserved for residential purposes and is, thus, operating in violation of not only the provisions of the Punjab Municipal Corporation Act, 1976 but also the Punjab Regional and Town Planning and Development Act, 1955. Further, it is urged that the unit is being run in breach of the provisions of the Air and Water (Prevention and Control of Pollution) Act, 1981 and 1974, respectively.

2. Learned counsel for the petitioner submits that the repeated complaints to the respondent-authorities in this regard have failed to evoke any response. And even the representation dated 07.09.2018 (Annexure P/15), which respondent Nos.8 and 9 have been served with, has not been 1 of 2 ::: Downloaded on - 04-11-2018 20:29:54 ::: CWP-27859-2018 - 2 -

responded to. Thus, he submits that let this petition be disposed of, at this stage, only with a direction to respondent-authorities to consider and decide his representation dated 07.09.2018 within a specified time.

3. In the wake of the above, we dispose of the petition with a direction to respondent No.9 to consider and deal with the grievance of the petitioner as also his representation dated 07.09.2018, referred to above. Needless to assert that a comprehensive order in accordance with law shall be passed assigning reasons in support thereof, after affording notice and opportunity of hearing to all the stakeholders, within a period of three months from the receipt of the certified copy of this order.

(KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE 31.10.2018 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 2 of 2 ::: Downloaded on - 04-11-2018 20:29:55 :::