In the High Court of Punjab and Haryana, at Chandigarh


                  Civil Writ Petition No. 20276 of 2011

                       Date of Decision: 27.7.2012


M/s Ridhi Sidhi Leather Cloth Industries
                                                                ... Petitioner

                                  Versus


The Appellate Authority, Haryana State Pollution Control Board and

Others

                                                            ... Respondents

CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice.

Hon'ble Mr. Justice Rakesh Kumar Jain.

Present: Mr. S.K. Garg Narwana, Senior Advocate Mr. Mr. Abhishek Vig, Advocate for the Petitioner.

Mr. Arun Walia, Advocate for respondents No.2 and 3.

Mr. Randhir Singh, Additional Advocate General, Haryana, for respondent No.4.

Jasbir Singh, Acting Chief Justice (Oral) By filing this writ petition, a prayer has been made by the petitioner to quash an order dated 31.3.2011 (Annexure P14) vide which the application, filed by the petitioner to get "No Objection Certificate" as per the provisions of Sections 21 & 22 of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as "1981 Act") and Sections 25 & 26 of the Water (Prevention & Control of Pollution) Act, 1974 (hereinafter referred to as "1974 Act") was rejected. Further challenge has been made to an order dated 21.10.2011 (Annexure P23) Civil Writ Petition No. 20276 of 2011 2 vide which appeal filed by the petitioner against order dated 31.3.2011 was dismissed.

It is not in dispute between the parties that initially the plot in which the factory has been established by the petitioner was allotted to one M/s Northern Glass Industries Limited to set up a glass factory. It was a condition in the allotment letter issued to M/s Northern Glass Industries Limited that if the compensation amount is enhanced in future, the same shall be paid by the company. However, the above named company failed to pay the enhanced amount which resulted into attachment of the land in execution proceedings initiated on an application moved by the land owners for payment of enhanced compensation, lateron the property was put up on sale. The petitioner is one of the purchaser. An application was moved to get a "No Objection" Certificate under Sections 21 & 22 of the 1981 Act and Sections 25 & 26 of the 1974 Act to set up a leather cloth industry but the same was rejected on a ground that the petitioner has set up the factory on a disputed plot. It is an admitted case on record that for violation of the condition of the allotment, the plot allotted to M/s Northern Glass Industries Limited was resumed and the said company had come to this Court by filing a writ petition viz. Civil Writ Petition No. 3750 of 2005 challenging the order of resumption . As per the information supplied, the said writ petition was allowed vide order dated 11.12.2007 and the authorities were directed to decide the matter afresh after giving an opportunity of hearing to M/s Northern India Glass Industries Limited and the petitioner, in the present petition. However, the State of Haryana Civil Writ Petition No. 20276 of 2011 3 has filed an appeal against the said order dated 11.12.2007 passed by this Court, in the Hon'ble the Supreme Court, which is pending, wherein status quo has been ordered.

Taking notice of the above facts, we dispose of this writ petition by giving liberty to the petitioner to file a fresh application for getting "No Objection Certificate" as per the provisions of the above Acts. It is made clear that this order shall not be treated as a hurdle in case fresh application is moved.

(Jasbir Singh) Acting Chief Justice (Rakesh Kumar Jain) Judge July 27, 2012 "DK"