CWP No. 19689 of 2008                                          [1]

              IN THE HIGH COURT OF PUNJAB & HARYANA AT
                        CHANDIGARH



                                            CWP No. 19689 of 2008
                                            Date of Decision: 19.11.2008


Iqbal Singh                                                          ..Petitioner


                         versus

State of Punjab and others                                   ..Respondents



CORAM:        HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
              HON'BLE MR. JUSTICE JASBIR SINGH

1.Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?


Present :     Mr. S.K.Rattan, Advocate
              for the petitioner

                               *****

T.S.Thakur, C.J. (Oral) In this petition for a writ of mandamus, the petitioner has prayed for a direction against respondents No.1 to 5 to take action for closure of Pottery Unit being run by respondent No. 6 from a residential premises in Ward No. 12, Kharar, in the district of Mohali. The petitioner's case is that the Pottery Unit is causing pollution and nuisance to the residents of the area. In support of his case, reliance has been placed by the petitioner upon Section 121 of the Punjab Municipal Act, 1911, according to which no place within a municipality shall be used for any of the purposes enumerated therein including a pottery, lime kiln, any other manufactory, engine house, storehouse or place of business from which CWP No. 19689 of 2008 [2] offensive or unwholesome smell, gases, noises or smoke arise. It is submitted by learned counsel for the petitioner that the Pottery Unit being run by respondent No. 6 is in clear violation of the provisions of Section 121 of the Act mentioned above. Reliance is also placed upon Section 31-A of the Air (Prevention & Control of Pollution)Act, 1981, according to which, Pollution Control Board is competent to issue directions in writing to any person, officer or authority, in exercise of its powers and performance of its functions under the Act. The said power includes the power to direct closure, prohibition or regulation of any industry, operation or process carried on by the person to whom the direction is issued. The petitioner's case is that, although, a legal notice in terms of Annexure P-8 was sent to the Executive Officer of Municipal Council, Kharar as also to the Chairman of the Punjab Pollution Control Board, Patiala, the said two officers have paid no heed to the request made in the notice nor initiated any proceedings against respondent No.6. It is submitted by learned counsel for the petitioner that proceedings ought to be initiated against respondent No.6 and orders passed on the subject in accordance with law.

We have given our careful consideration to the submissions made at the Bar. The provisions of Section 121 of the Punjab Municipal Act, 1911 and Section 31-A of the Air (Prevention & Control of Pollution) Act, 1981, sufficiently empower the Municipality and the Pollution Control Board to issue appropriate directions in situations stipulated in the said provisions. In the circumstances, no sooner, the petitioner had brought to the notice of the said authorities the alleged violations of the provisions of Section 121 of the Punjab Municipal Act, 1911 and the alleged pollution being caused by respondent No. 6 on account of the Pottery Unit being run CWP No. 19689 of 2008 [3] by him, the said authorities were expected to look into the matter and pass appropriate orders in accordance with law after issuing proper notice and hearing to respondent No. 6, in as much as, nothing is said to have been done by the said authorities, our intervention in the matter, is clearly indicated.

In the circumstances, we deem it just and proper to direct that the complaint made by the petitioner and legal notice Annexure P-8 shall be looked into by the competent authorities i.e. Municipal Council, Kharar and the Punjab Pollution Control Board, Patiala who shall pass appropriate orders in the matter in accordance with law. We make it clear that the said authorities shall not in obedience to these directions pass any order against respondent No.6 without serving upon him a proper notice and affording to him a full and reasonable opportunity of being heard in the matter. The needful shall be done by respondents No. 3 and 5 expeditiously but not later than two months from the date a copy of this order is served upon them.

The writ petition is accordingly disposed off with the above directions and observations leaving the parties to bear their own costs.

(T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) JUDGE 19.11.2008 'ravinder'