IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                          CHANDIGARH

                      C.W.P. No. 3918 of 2008

             DATE OF DECISION: December 11, 2008

M/s Longowal Spinning Mills Pvt. Limited

                                                        ...Petitioner

                               Versus

State of Haryana and others

                                                     ...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

            HON'BLE MR. JUSTICE JORA SINGH

Present:    Mr. Shyam Kumar Sharma, Advocate,
            for the petitioner.

            Mr. Ashish Kapoor, Addl. AG, Haryana,
            for respondent Nos. 1 and 2.

            Mr. Arun Walia, Advocate,
            for respondent Nos. 3 to 5

1.    Whether Reporters of local papers may be
      allowed to see the judgment?

2.    To be referred to the Reporters or not?

3.    Whether the judgment should be reported in
      the Digest?


M.M. KUMAR, J.

This order shall dispose of C.W.P. Nos. 3918, 3919 and 4755 of 2008 as common question of law and facts are involved. The petitioners have approached this Court for quashing closure notice dated 26.11.2007 (P-9), issued by the Haryana State Pollution Control Board under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974. A further prayer has been made for directing C.W.P. No. 3918 of 2008 2 the respondents to allot a plot of bigger size in Dyeing Zone Sector 29, Part-II, Panipat.

2. Brief facts of the case are that the matter regarding contamination of ground water being caused by in-discriminate discharge of pollution by small and tiny units engaged in dyeing and printing activities in Panipat Town was considered in various meetings of the Environment Protection Council, Haryana, under the Chairmanship of His Excellency the Governor of Haryana. It was noticed that out of 500 units of Panipat, about 300 tiny units, which were employing 5-6 persons, were operating from residential and non-conforming areas of the Panipat Town. Thus, in principle it was decided to formulate a time bound action plan for relocation of small scale industrial units working in the congested areas of Panipat Town in a separate industrial estate so that their effluent could be treated in a common effluent treatment plant.

3. In the meeting of the Environment Protection Council, held on 19.9.2001 it was decided that Sector 29 Part-II and Sector 30, Panipat, being developed by the HUDA, would be suitable site for relocating the aforementioned units. The issue with regard to cost of sites for relocating the units was also considered and it was decided that cost of the plot may be realised as per the following formula:-

"i) 5% of the price along with the application form.

ii) 10% within 30 days of issue of allotment letter.

iii) Balance 85% in half yearly instalments payable over a period of 10 years."

It was further decided that the HUDA will carry out an exercise to work out a scheme in which the larger units would be C.W.P. No. 3918 of 2008 3 charged more, so that the price payable by the tiny units could be reduced further i.e. less than Rs. 1,428/- per square yards.

4. Again the subject was considered in a meeting held on 26.2.2002 and at Item No. A-84(2) Suppl. A-84. A policy decision was taken that the units involved the dyeing and printing activities in Panipat Town which were functioning from residential and non- conforming zone should be shifted to the new industrial area and land be given to them on 'no profit no loss basis' by the HUDA in Sector 29 Part-II, Panipat. Thereafter, a survey was conducted by the Survey Team of the Regional Office of the Board at Panipat to identify all such units for being relocated to the new sites in Sector 29 Part-II, Panipat. A survey list of 494 units was prepared, which were found existing in the non-conforming zone in Panipat Town. In the list complete information was incorporated viz. name of the unit, address, name of the owner, type of industries, total area of plant in square meters, total area of dyeing section in square maters, total investment, quantity of effluent discharged, point of discharge, status of effluent treatment plan whether installed or not, proof of ownership, status of air pollution and land recommended by team in square meters. The policy decision dated 26.2.2002 has been placed on record as Annexure P-2.

5. It is conceded position that the petitioners in these petitions were transacting the dyeing and printing activities in the non-conformity zone and their units were identified by the Survey Team and their names figure in the survey list at Sr. Nos. 219, 494 and 15. In the survey list, in the column of 'Total area of plant in Sq. Mtr.' the area against the names of the petitioners has been mentioned C.W.P. No. 3918 of 2008 4 as 7000, 8500 and 4500 square meters. However, in the last column of the survey list with head 'Land recommended by team in Sq. Mtrs.', recommendation was made for allotment of plots measuring 500 square meters only in each case. It is also conceded position that all the petitioners have already been allotted plot Nos. 505, 488 and 509 in the Dyeing Zone Sector 29, Part-II, Panipat, measuring 525 square meters each. The grouse of the petitioners is that they are not able to shift their units due to small size of the plots allotted to them because at the new site they could not fix their huge machinery. They have also made representations for allotment of bigger size plots in the Dyeing Zone in Sector 29, Part-II, Panipat. The petitioners have also placed on record a communication dated 31.1.2007 made by the Regional Office of the Haryana State Pollution Control Board to the Chief Administrator, HUDA, Panchkula (P-5) wherein recommendation has been made in favour of the petitioners for allotment of 1500 square meters plots. It has been specifically mentioned in the aforementioned letter that the cases of the petitioners fall well within the policy and eligible for consideration for allotment of bigger size of plot.

6. The petitioners have claimed that their claims have not been decided and now the Haryana State Pollution Control Board has issued notices of closure, dated 26.11.2007, directing them either to shift their units to Sector 29, Part-II, Panipat or the same would be closed down. The petitioners submitted reply to the notice of closure and requested that recommendations dated 31.1.2007 made by the Regional Office of the Board be implemented and plots of 1500 square meters be allotted to them. A copy of one such reply is C.W.P. No. 3918 of 2008 5 available as Annexure P-10 with C.W.P. No. 3918 of 2008. However, the reply submitted by the petitioners has evoked no response.

7. During the course of hearing some other petitions concerning allotment of plots in the Dyeing Zone Sector 29, Part-II, Panipat, it has come to our notice that the HUDA has also issued an advertisement, dated 11.7.2007, in the newspapers for allotment of industrial plots in Dyeing Zone, Sector 29, Part-II, Panipat. It was mentioned in the advertisement that in the 84th meeting of the Authority, held on 26.2.2002, the policy for shifting of Dyeing units, functioning from Panipat Town/non-conforming zone, as identified by the survey conducted by the Board in the year 2001, was approved but despite lapse of 5 years, some of the entrepreneurs who had been identified for the allotment of plots in the zone have not come forward till that date seeking allotment of plot. Since the plots could not be left as such for an indefinite period, therefore, a last chance was again given to such entrepreneurs and applications were invited upto 10.8.2007. It was further mentioned that the applicants who had already made an application should apply afresh alongwith the difference of earnest money and other required documents.

8. We have heard learned counsel for the parties at a considerable length and also perused the paper book with their able assistance. It is an undisputed fact that the Authority in its 84th meeting held on 26.2.2002 has taken a conscious decision for shifting of dyeing and printing units to the Dyeing Zone Sector 29, Part-II, Panipat because the effluent is being discharged by such units, which are operating from the residential and non-conforming zones of C.W.P. No. 3918 of 2008 6 Panipat Town and result in contamination of the ground water. Thus, it was decided to formulate a time bound action plan for relocation of small scale industrial units working in the congested areas of Panipat Town in a separate industrial estate so that their effluent could be treated in a common effluent treatment plant. Accordingly, a survey was conducted by the Board and 494 units were identified. Some of identified units have already been allotted plots. The advertisement dated 11.7.2007 also notices that inspite of lapse of more than five years some of the entrepreneurs who were identified for allotment of plots in the Dyeing Zone did not come forward for allotment of plot and one last chance was given to such units. It is thus obvious that the ultimate object is to shift the polluting dyeing and printing units from the residential and non-conforming zone of Panipat Town to the newly carved out Dyeing Zone in Sector 29, Part-II, Panipat so as to bring clean environment and to obviate the possibility of contamination of ground water. The only grievance of the petitioners is that they are not able to shift their units to the newly allotted sites because of their small size. They have already represented to the respondents in that regard and recommendation dated 31.1.2007 (P-5) by the Regional Office of the Haryana Pollution Control Board has already been made for allotment of 1500 square meters of plots in their favour.

9. Keeping in view the above, we are of the considered view that ends of justice would be met if a direction is issued to the Chief Administrator, HUDA, to consider viability of allotting bigger size plots to the petitioners. Accordingly, we direct the petitioner to make a fresh representation under Registered A.D. to the Chief C.W.P. No. 3918 of 2008 7 Administrator, HUDA by taking all the pleas which have been taken in these petitions, within 15 days from the date of receipt of a certified copy of the order. If any such representation is made then the same shall be examined and decided by the Chief Administrator, HUDA, within a period of two months from the date of its receipt.

10. These petitions are disposed of in the above terms.

                                            (M.M. KUMAR)
                                               JUDGE




                                             (JORA SINGH)
December 11, 2008                               JUDGE
Pkapoor