Punjab-Haryana High Court
Gram Panchayat Village Ghanauri Kalan vs Shanoor Food Pvt Ltd And Others on 12 January, 2026
Bench: Harsimran Singh Sethi, Vikas Suri
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
101-2
Decided on : 12.01.2026
CM-8793-2025 in/and
LPA-708-2017 (O&M)
THE GRAM PANCHAYAT VILLAGE GHANAURI KALAN
...Appellant
Versus
SHANOOR FOOD PRIVATE LIMITED AND OTHERS
. . . Respondents
CM-18499-2025 in/and
CWP-18982-2017 (O&M)
THE GRAM PANCHAYAT VILLAGE GHANAURI KALAN
...Petitioner
Versus
SHANOOR FOOD PRIVATE LIMITED AND OTHERS
. . . Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
HON'BLE MR. JUSTICE VIKAS SURI
PRESENT: Mr. Atul Lakhanpal, Senior Advocate with
Mr. Arjun Lakhanpal, Advocate and
Mr. Arvindpal Singh Grover, Advocate
for the appellant in LPA-708-2017 and
for the petitioner in CWP-18982-2017.
Mr. TPS Chawla, Sr. DAG, Punjab.
Mr. Lalit Thakur, Advocate for
respondent No. 1 in LPA-708-2017.
****
HARSIMRAN SINGH SETHI , J. (Oral)
1 of 9 ::: Downloaded on - 24-01-2026 03:01:08 ::: 2 CM-8793-2025 in/and LPA-708-2017 (O&M) and CM-18499-2025 in/and CWP-18982-2017 (O&M) CM-8793-2025 and CM-18499-2025 Present applications have been filed for restoration of the main appeal i.e.LPA-708-2017 as well as the main petition i.e. CWP-18982-2017 respectively, which were dismissed for non-prosecution by this Court vide order dated 02.12.2025.
Notice of the application to the counsel opposite. Mr. TPS Chawla, Sr. DAG, Punjab, accepts notice on behalf of non-applicants/State and raises no objection in case, the prayer made in the present applications is allowed.
Keeping in view the averments made in the applications, which are duly supported by an affidavit, the same are allowed.
Consequently, the main appeal as well as the main petition are restored to its original number and status and the order dated 02.12.2025 is recalled. On the joint request of both the parties, the both the main cases are taken up for hearing today itself.
LPA-708-2017 CWP-18982-2017
1. In the present bunch of two cases, the challenge is to the order dated 10.09.2014 and 13.01.2015 passed by State of Punjab granting permission to the M/s Shanoor Food Private Limited, Ludhiana, to operate and to set-up the Integrated Modern Mechanized Slaughter House with Meat Processing unit and rendering plant at Ghanauri Kalan, Dhuri, District Sangrur.
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2. It may be noticed that the license granting clearance to set-up project for processing meat and rendering plant was granted keeping in view the memorandum of understanding executed between the M/s Shanoor Food Private Limited and the Government of Punjab on 06.12.2013. In pursuance to the said memorandum of understanding, seven acres of land was purchased by the company and the company applied for the grant of Regulatory Clearances for setting up of the aforementioned unit. On 10.09.2014, 'No Objection Certificate' from the Punjab Pollution Control Board, 'No Objection Certificate' from Punjab State Power Corporation limited and 'No Objection Certificate' from Forests & Wildlife, Department were granted. After obtaining said letter of regulatory clearance granting 'No Objection' , the site plan for setting up of the aforementioned plant was also approved by the competent authority vide letter dated 13.01.2015.
3. Despite, receiving said approvals, the said clearances granted were put up for reconsideration on 21.03.2015, by the Deputy Commissioner, Sangrur, whereby it was recommended that approval granted for setting up the plant in question shall be reconsidered and that the company should stop any further development of building, which order of reconsideration passed by the deputy Commissioner, Sangrur was challenged by the M/s Shanoor Food Private Limited by filing a civil writ petition No.27127 of 2015 before this Court. During the pendency of the said writ petition, keeping in view the liberty granted by the court, a comprehensive representation was submitted by the company on 12.04.2016 which resulted into passing of a detailed order dated 05.05.2016. Keeping in view the said 3 of 9 ::: Downloaded on - 24-01-2026 03:01:08 ::: 4 CM-8793-2025 in/and LPA-708-2017 (O&M) and CM-18499-2025 in/and CWP-18982-2017 (O&M) order dated 05.05.2016 giving all the clearance to the company, the writ petition was disposed of having been rendered infructuous by the learned single judge.
4. The appellant gram Panchayat has challenged the said order and has also challenged the grant of approval for setting up of the unit in question. It has been submitted that the grant of permission for setting up of the unit to M/s Shanoor Food Private limited is incorrect as the same will create pollution and will also hurt the sentiments of the villagers.
5. Learned Senior counsel appearing on behalf of the gram panchayat submits that once, setting up of the meat units at the place approved is going to create issues and cause harassment for the residents of gram panchayat, hence, allowing of setting up of the said unit to be constructed there even after same was recommended to be considered keeping in view the letter dated 05.05.2016 is incorrect and the said unit should not be allowed to operate.
6. Learned Senior counsel for the gram panchayat further submits that even the police department had looked into said aspect and had written to the authorities concerned that the said unit should not be allowed to be constructed and operated from the place and therefore, as there will be a law and order problem, if the same is allowed to be done, the operation of the said unit should be stalled and the State should be directed to withdraw their approval allowing for setting up of the meat processing unit.
7. Learned Senior counsel for the gram Panchayat further submits that there will be huge use of water while processing the meat unit plant 4 of 9 ::: Downloaded on - 24-01-2026 03:01:08 ::: 5 CM-8793-2025 in/and LPA-708-2017 (O&M) and CM-18499-2025 in/and CWP-18982-2017 (O&M) and same is likely to cause water pollution alongwith the fact that there will be water extraction from the ground, which is impermissible.
8. Learned Senior counsel for the gram Panchayat also submits that certain directions have been given by the Hon'ble Supreme Court of India with regard to the setting up of the meat processing unit which process have not been followed by the authorities concerned while granting the approval for setting up the unit in question as the same is bound to be away from the dwelling units as per the direction of the Hon'ble Supreme Court of India.
9. Learned state counsel on the other hand submits that once, keeping in view the directions given by this court, a representation dated 11.04.2015 was filed by the M/s Shanoor food private limited and the same was looked into by the competent authorities and it was found that the setting up of the units by the M/s Shanoor Food private Limited was allowed and was within the limits of law after receiving all the 'No Objections Certificates' from the required quarters and fulfilling the requisite for setting up of the meat processing unit plant, merely that the Gram Panchayat is averse to the same, the same cannot be a ground to withdraw the said approvals and direct the M/s Shanoor Food Private Limited not to set-up the meat plant at Village Ghanauri Kalan, Dhuri, District Sangrur.
10. Learned State counsel further submits that the requisite conditions imposed upon the company clearly goes to show that there will be no pollution caused due to carrying out of the operation of the meat unit and keeping in view the conditions imposed upon the company, the same will 5 of 9 ::: Downloaded on - 24-01-2026 03:01:08 ::: 6 CM-8793-2025 in/and LPA-708-2017 (O&M) and CM-18499-2025 in/and CWP-18982-2017 (O&M) be adhered to while processing meat within their four-walls.
11. We have heard learned Senior counsel for the appellant/petitioner/Gram Panchayat as well as learned State counsel and have gone through the case file with their able assistance.
12. It may be noticed that despite a memorandum of undertaking already executed between M/s Shanoor Food Private limited and State of Punjab, the State of Punjab started reconsidering the permission already granted for setting up of the unit in question to the M/s Shanoor Food Private Limited. The said issue came up for consideration before this Court and the said issue was decided by the Learned Single Judge while passing the order impugned dated 22.02.2017 in CWP No. 27127 of 2015. A bare perusal of the said order dated 22.02.2017 would show that the company was directed to file an affidavit stating therein that no pollution will be caused in the vicinity due to working of the unit and the company will not use the ground water for carrying out the operation and an ETP pant will be installed in its slaughter house wherein the water can be recycled and reused and it is upon the basis of this affidavit, the State reconsidered the issue and went ahead with the setting up of the unit in question.
13. It may be further noticed that once, as of now, the only apprehension qua setting up of the unit in the mind of the Gram Panchayat is that pollution will be caused due to said unit, whereas, no such evidence has been brought on record to show that such pollution exists especially when, the unit is yet to start its operation.
14. Further, in case, pollution is caused due to operation of such 6 of 9 ::: Downloaded on - 24-01-2026 03:01:08 ::: 7 CM-8793-2025 in/and LPA-708-2017 (O&M) and CM-18499-2025 in/and CWP-18982-2017 (O&M) unit, the Gram Panchayat will be well within its jurisdiction to point out the issue of pollution being caused in their vicinity to the competent authority for redressal of their grievance and in case, the authorities comes to the conclusion that either air pollution or water pollution is being caused, the authorities are well within their jurisdiction to take action against such polluting units including the respondent unit.
15. As of now, the arguments have been raised by the gram panchayat only on the ground of apprehension and not on the basis of the actual facts which will not hold the ground, especially when the company had already undertaken to take care of the air pollution as well as water pollution which may be caused while setting up of the plant and subsequent operation of the said plant concerned.
16 The grievance with regard to the aspect that the sentiments of the villagers of the surrounding villagers will be hurt, it may be noticed that when the said issue were raised before the police, all the surrounding gram panchayat as well as religious institutions the details of which have been mentioned in the police report dated 23.09.2015, had given no objection certificate for operating of the said unit and even the gram panchayat which is challenging the set of the unit by the respondent had passed the resolution granting 'No objection Certificate' for setting up of the plant concerned, which fact duly finds mention in the police report dated 23.09.2015 (Annexure P-10) in CWP-18982 of 2025 . The said factual averments has not been dislodged, though, learned senior counsel is of the view that thereafter, the views of the concerned gram panchayat got changed.
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17. Further, it may be noticed that the setting up of the unit is within the jurisdiction of the state of Punjab subject to the regulatory conditions imposed upon such units. Once, the gram panchayat has not been able to inform this Court that M/s Shanoor Food Private limited does not fulfil the requisite conditions rather on the other hand all the required requisites for setting up of the unit concerned are already on record, merely that the gram panchayat is not in the favour of setting up of the same or is opposing the setting up of the unit concerned by the M/s Shanoor Food Private limited, the same cannot be a ground to withdraw the permission which has been granted as per the sanctioned law.
18. Keeping in view the totality of circumstances, other than the residents the one that of the gram panchayat concerned do not want the unit concerned to be operated from the 0place from where the approval has been granted, no other valid reason has been brought to this court to stall the operation of the unit concerned.
19. No ground is made out for any interference by this Court in the facts and circumstances of the present cases.
20. The gram panchayat is allowed to approach the competent authority in case, any violation is done by M/s Shanoor Food Private limited while constructing or operating the unit concerned either to the Pollution control board or any other appropriate authority with due evidence of the said violation which might be committed by the company concerned.
21. The appeal (LPA-708-2017) and the writ petition (CWP-18982- 2017) are disposed of in above terms.
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22. Pending civil miscellaneous application(s), if any, stand disposed of.
(HARSIMRAN SINGH SETHI) JUDGE ( VIKAS SURI ) JUDGE 12.01.2026 Riya Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No 9 of 9 ::: Downloaded on - 24-01-2026 03:01:08 :::