Sr. No. 77
              HIGH COURT OF JAMMU AND KASHMIR
                         AT JAMMU

                                             WP(C) No. 157/2020
                                             CM No. 269/2020

M/s R S Polythene Industries                                  ...Petitioner(s)

                             Through:- Ms. Surinder Kour, Sr. Advocate with
                                       Ms. Manpreet Kour, Advocate
                       v/s

Union Territory of J&K and Others                           .... Respondent(s)

                             Through:-

CORAM:       HON'BLE MS. JUSTICE SINDHU SHARMA, JUDGE
                                   ORDER

Learned counsel for the petitioner submitted that respondent No.3 has passed order No. 114 PCB of 2019 dated 26.12.2019 for closing down the unit and sealing the premises of the petitioner and also directed the Director, Industries and Commerce, Jammu to deregister the unit as well as to snap electric supply to the unit forthwith. This has been done on the basis of the report of the field officer that the said unit is currently in operation in violationof Section 33A of Water (Prevention and Control of Pollution) Act, 1974 and Section 31A of Air (Prevention and Control of Pollution) Act, 1981 read with Section 5 of Environment (Protection)Act, 1986.

Learned counsel for the petitioner further submitted that any order in terms of Rule 33A of Water (Prevention and Control of Pollution) Act, 1974 has to be passed only after giving opportunity of hearing and the same has not been done. In view of the above, the same has been done in contravention of Rule of Water (Prevention and Control of Pollution) Act, 1974 for which no opportunity has been given to the petitioner of the proposed direction.

Notice to the respondents, returnable within four weeks. Requisites for service within one week.

List on 27.04.2020.

Meanwhile, subject to objections from other side and till next date of hearing before the Bench, operation of order No. order No. 114 PCB of 2019 dated 26.12.2019 shall stay.

(SINDHU SHARMA) JUDGE Jammu 21.01.2020 Vijay VIJAY KUMAR 2020.01.24 11:42 I attest to the accuracy and integrity of this document