Punjab-Haryana High Court
Sheela Devi vs State Of Punjab And Others Was Received on 15 October, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
CWP No.18915 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C. W. P. No. 18915 of 2008
Date of Decision: 15 - 10 - 2009
Sheela Devi ....Petitioner
v.
State of Punjab and others ....Respondents
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Sandeep Arora, Advocate
for the petitioner.
Mr.Jaswinder Singh, DAG, Punjab
for respondents No.1,2 and 5.
Mr.Rajesh Garg, Advocate
for respondent No.3.
Mr.Parminder Singh, Advocate
for respondent No.4.
Mr.D.D.Sharma, Advocate
for respondent No.6.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present writ petition has been filed under Article 226 of the Constitution with a prayer that a writ in the nature of mandamus be issued and Deputy Commissioner, Jalandhar be directed to grant permission so that Electricity Department is able to install 3 Phase connection of 13 KW in the premises of the petitioner.
CWP No.18915 of 2008 [2]
Environmental Engineer, Punjab Pollution Control Board has filed a written statement wherein it has been stated that petitioner is carrying industrial operation in residential locality. Petitioner is having a proprietorship firm which manufactures switch-gears. The preliminary objection taken in the written statement filed by respondent No.3 read as under:-
"In view of this complaint, the industry was visited by officers of the Punjab Pollution Control Board on 09.07.2008 and verified the facts that the industry is located in the area where there are residences also and have installed the heavy machinery i.e. Power Press 6 Nos (5 ton to 20 ton capacity), lathe machine - 1 No., Shaper machine - 1 No. Milling machine - 1 No., Drill Machine - 2 Nos. and is engaged in manufacturing of Electrical Switch Gears. Notice of violation under Water Act 1974 and Air Act 1981 was issued to the industry on 16.07.2008, but till date no reply has been received from the industry, however, a legal notice from the lawyer of the industry was received in the PPCB concerned office on 19.08.2008.
A copy of the orders of this Hon'ble Court in CWP No.12097 of 2008 - Swarn Park & J.S.R. Nagar Welfare Society (Regd.) Vs. State of Punjab and others was received through the office of Dy. Commissioner Jalandhar on 30.07.2008 and status report was demanded. The status report in this regard was submitted to the office of Deputy Commissioner Jalandhar vide Board's letter dated 0.5.08.2008. CWP No.18915 of 2008 [3] Further DTP Jalandhar vide its letter No.1796 DTP (J)/C- 27 dt. 28-08-08 addressed to DC Jalandhar informed that the area where the industry is established has been demarcated as residential zone in the draft Master Plain 2000-2021 of Jalandhar City.
The industry was revisited by the officer of the PPCB on 12.12.2008 for the monitoring noise levels and the noise monitoring reveals that the noise level recorded at the main gate of the industry at 4 PM, the noise level when industry was in operation was 67.6 db(A) Leq. Against the permissible limit of 55 db(A) Leq. (for residential area) and when not in operation noise recorded was 51.5 db(A) leq. The noise contribution generated by the industry was found to be 16.1 db (A) Leq. And as per the 'Noise Pollution (Regulation & Control) Rules, 2000' the complaint is considered to be valid for action under said rules if the contribution of noise level is more than 10 db(A) Leq. from the permissible limit of 55 db(A) Leq. In this case the noise level is much more than 55 db(a) Leq. and contribution of noise level is also more than 10 db(A) Leq. so it is established that the industry is generating noise pollution from the operation of the industry.
It is further added that the industry has been established without the consent to Establish (NOC) of the Board. The industry has also not obtained the consent to operate under Water and Air Act and is operating its unit in violation of the provisions of the Water and Air Act. As per the policy of the CWP No.18915 of 2008 [4] Board no unit can be established within Municipal Corporation/Council limit in residential zone and the said industry has been established within Municipal limit in residential zone. PSEB has released the electric connection to the industry without obtaining any clarification from Punjab Pollution Control Board, which has lead to the cause of public complaint in the area. The PSEB be also restrained to release electric connection to the industries who have not obtained the NOC of the Punjab Pollution Control Board. The release of electric connection to the industries in residential zone by the PSEB is causing an haphazard development of industries and ultimately giving rise in the pollution levels in the residential zone. The action against the industry under Air Act 1981 and Water Act 1974 is under active consideration of the Board." It is admitted case of the parties that petitioner has not replied to the show cause notice issued by the Punjab Pollution Control Board. The present writ petition is disposed of with a direction that petitioner may reply to the show cause notice issued by the Punjab Pollution Control Board and the Punjab Pollution Control Board shall finalize the proceedings within one month from the date of receipt of certified copy of this order.
( KANWALJIT SINGH AHLUWALIA ) October 15, 2009. JUDGE RC