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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.25150 of 2013 (O&M)
DATE OF DECISION: 18.11.2013
M/s Hindustan Finishers
.....Petitioner
versus
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR.JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr.Rohit Sud, Advocate for the petitioner
..
SANJAY KISHAN KAUL, CHIEF JUSTICE: (Oral) Though the orders purport to be under Section 33-A of the Water (Prevention and Control Pollution Act) 1974 and Section 31-A of the Air (Prevention and Control of Pollution Act), 1981, which are appealable, the exercise by the competent authority is pleaded to be without jurisdiction and the authority acted in respect of the subject matter with which it was not concerned.
Even if the aforesaid be the position, in our view, nothing prevents the petitioner from approaching the National Green Tribunal against the impugned order. These pleas can easily be advanced there.
Learned counsel for the petitioner, faced with the aforesaid position, seeks to withdraw the petition with liberty to approach the National Green Tribunal.
Liberty granted.
Petition is dismissed as withdrawn.
( SANJAY KISHAN KAUL )
CHIEF JUSTICE
18.11.2013 (AUGUSTINE GEORGE MASIH)
parkash* JUDGE
Chand Parkash
2013.11.18 15:00
I attest to the accuracy and
integrity of this document