CWP No. 8710 of 2012                                             -1-

     IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

                         CWP No. 8710 of 2012
                    Date of Decision: May 10, 2012

Darshan Singh

                                                           ----Petitioner

                                 Versus

State of Punjab and others

                                                        ---Respondents

CORAM:      HON'BLE THE ACTING CHIEF JUSTICE

            HON'BLE MR. JUSTICE ALOK SINGH

Present:    Mr. Vaneet Soni, Advocate
            for the petitioner.


1.    To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest? M.M. KUMAR, Acg. C.J.

1. The petitioner has sought direction to the official respondents No. 1 to 5 to take necessary action against respondent No.6-M/s Avon Construction Company, for carrying on with the industrial activity of manufacturing of Tractor Parts in the residential area without obtaining any No Objection Certificate or requisite permission from the competent authority including consent to operate under the provisions of Air (Prevention and Control of Pollution) Act, 1981 (for brevity '1981 Act') and Water (Prevention and Control of Pollution) Act, 1974 (for brevity '1974 Act'). A further direction has also been sought to restrain respondent No.6 from CWP No. 8710 of 2012 -2- carrying on with the industrial activity of manufacturing parts in the residential areas.

2. In that regard, petitioner has already submitted representations dated 15.02.2012 and 15.03.2012 (P-2 to P-4) respectively. When the representations reached to the office of Deputy Commissioner, S.A.S. Nagar, the same have been referred to Senior Superintendent of Police, S.A.S. Nagar and Sub Divisional Magistrate, S.A.S. Nagar. However, no final decision has been taken on the aforesaid representations.

3. Keeping in view nature of allegations and the facts that the matter is pending before the authority, we deem it appropriate to direct respondent No.4 to take cognizance of the aforesaid representations and if any, action is required to be taken against respondent No.6 then to proceed in the aforesaid direction. The needful shall be done within a period of six weeks from the date of receipt of a certified copy of this order. The representations may also be forwarded to the Officers of Punjab Pollution Control Board, Paryavaran Bhawan, Patiala so that the action under 1981 Act and 1974 Act may also be explored and initiated.

4. Accordingly, the writ petition stands disposed of.

                                                 (M.M. KUMAR)
                                               ACTING CHIEF JUSTICE



                                                     (ALOK SINGH)
May 10, 2012                                            JUDGE
Atul