IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
                        CWP No. 17934 of 2011
                Date of Decision: September 23, 2011
Arjun Agro Foods
                                                            ...Petitioner
                                Versus
State of Punjab and others
                                                        ...Respondents

CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE GURDEV GURDEV SINGH Present: Ms. Munisha Gandhi, 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, ACJ

1. The instant petition under Article 226 of the Constitution is directed against the order dated 21.7.2009 (P-13) passed by the Environmental Engineer (L) of the Punjab Pollution Control Board, revoking/cancelling the 'Consent to Establish' (NOC) granted in favour of the petitioner under the Water (Prevention and Control of Pollution) Act, 1974 (for brevity, 'the 1974 Act') and Air (Prevention and Control of Pollution) Act, 1981 (for brevity, 'the 1981 Act'). The order dated 6.7.2011 (P-18), passed by the two members Appellate Authority constituted under the 1974 and 1981 Acts, rejecting the appeal filed by the petitioner under Section 31 of the 1981 Act and under Section 28 of the 1974 Act, has also been challenged.

2. The appellate authority has recorded a categorical finding that the petitioner had obtained requisite certificate from the District Town Planner and the Tehsildar, Ludhiana, as required for issuance of No Objection Certificate from the respondent Board for establishment of rice sheller. However, the aforesaid documents were found to be CWP No. 17934 of 2011 2 fake. It has also been held by the appellate authority that the petitioner's industry does not meet the citing parameters.

3. We have heard learned counsel for the petitioner at length and perused the paper book with her able assistance. A perusal of the record would show that the case of the petitioner has been built on some fake and fabricated letters which are purported to be 'No Objection Certificate' for establishment of rice sheller. The documents have been officially rejected as the same are not authentic. The petition is wholly misconceived as there is a categorical finding of fact which cannot be reversed in the writ jurisdiction. Moreover, the petitioner has failed to show anything from the record which may prove the authenticity of the documents. The instant petition does not merit admission and the same is hereby dismissed.

(M.M. KUMAR) Acting Chief Justice (GURDEV SINGH) SINGH) September 23, 23, 2010 Judge PKapoor