Civil Writ Petition No.19296 of 2007                     -: 1 :-


      IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                  HARYANA AT CHANDIGARH


                                      Civil Writ Petition No.19296 of 2007
                                      Date of decision: September 22, 2008.



M/s Faze Three Limited
                                                         ...Appellant(s)

            v.

State of Haryana & Ors.

                                                         ...Respondent(s)



CORAM:      HON'BLE THE CHIEF JUSTICE
            HON'BLE MR. JUSTICE SURYA KANT



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:    Shri Rajiv Atma Ram, Senior Advocate, with
            Shri Amit Jhanji, Advocate, for the petitioner.

            Shri B.S. Rana, Additional Advocate General, Haryana
            for respondent No.1.

            Shri Arun Walia, Advocate, for respondents No.2 & 3.


                                 ORDER

T.S. Thakur, CJ - (Oral):

Learned Counsel for the Petitioner points out that during the pendency of this writ petition, Haryana Urban Development Authority has allotted a plot of land measuring 8,000 square meters in Sector 29, Part-II of Civil Writ Petition No.19296 of 2007 -: 2 :- Panipat in favour of the petitioner. He has placed on record a copy of the allotment letter from a reading whereof it appears that the petitioner- allottee is required to commence production after constructing the minimum of 25% of the permissible covered area within a period of three years. Mr. Rajiv Atma Ram, learned Senior Counsel, submits that the petitioner would be satisfied in case the writ petition is disposed of with suitable directions granting to the petitioner reasonable time to shift to the new location.

On behalf of the respondents, it was argued by Mr. Walia that the consents in favour of the petitioner under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 are expiring on 31st March, 2010. He draws our attention in this regard to Annexure P-14 to the writ petition and argues that the petitioner ought to shift and commence production at the new location by the said date which would incidentally give to the petitioner a reasonable time of a year and a half from 1st October 2008 to do the needful. Mr. Rajiv Atma Ram is satisfied with that time frame and submits that this writ petition may be disposed of with suitable directions. In the circumstances, therefore, we dispose of this writ petition with the direction that the petitioner-unit shall have time till 31st March, 2010 to shift to the new location in Section 29, Part-II of Panipat and that closure notices dated 24.9.2007 (Annexure P-15) and 10.12.2007 (Annexure P-18) shall not be given effect to and the unit shall not be shut down till the said date.

We further direct that in case the petitioner submits the plan for the construction of the unit in Sector 29, Part-II, Panipat within a period of one month, the HUDA shall examine the same and pass appropriate orders expeditiously but not later than six weeks from the date the plans are Civil Writ Petition No.19296 of 2007 -: 3 :- received.

The parties are left to bear their own costs.

                                                   [ T.S. Thakur ]
                                                     Chief Justice



September 22, 2008.                              [ Surya Kant ]
kadyan                                                Judge