Punjab-Haryana High Court
M/S Rainbow Environments Pvt Ltd vs Punjab Pollution Control And Ors on 24 May, 2022
Bench: Ravi Shanker Jha, Arun Palli
CWP No.7249 of 2021 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.7249 of 2021 (O&M)
Date of Decision :24.05.2022
M/s Rainbow Environments Pvt. Ltd.
......Petitioner
Versus
Punjab Pollution Control Board and others
...... Respondents
CORAM: HON'BLE MR.JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR.JUSTICE ARUN PALLI, JUDGE Present : Mr. Rajiv Atma Ram, Sr. Advocate with Mr. Alok Mittal, Advocate and Mr. Shubham Thakur, Advocate for the petitioner. Mr. Sunil Chadha, Sr. Advocate with Mr. Akshay Chadha, Advocate and Ms. Swati Verma, Advocate for respondent No.1. Mr.Avinit Avasthi, AAG, Punjab.
Mr. Amit Jhanji, Sr. Advocate with Mr. Shashank Shekhar Sharma, Advocate for respondent No.3. RAVI SHANKER JHA, CHIEF JUSTICE (Oral):
The petitioner (M/s Rainbow Environments Pvt. Ltd.) has prayed for the following substantive reliefs:-
"Civil Writ Petition under Article 226/227 of the Constitution of India for the issuance of an appropriate writ, order or direction especially a writ in the nature of certiorari for quashing the impugned orders dated 22.02.2021 (Annexure P-13), impugned order dated 24.03.2021 (Annexure P-16) and impugned NOC/extension (Annexure P-18) and restoring area of operation of the petitioner as per consensus area of operation decided by all stakeholders in April, 2009"
1 of 3 ::: Downloaded on - 27-05-2022 20:10:43 ::: CWP No.7249 of 2021 (O&M) 2 In essence, the petitioner is aggrieved by an order dated 22.02.2021, vide which, the Punjab Pollution Control Board (Board) has distributed the area of operation amongst 6 Common Bio Medical Waste Treatment Facilities (CBMWTFs), in the State of Punjab.
The respondents, at the outset, have raised a preliminary objection as regards the maintainability of this petition, for against the orders dated 22.02.2021 and 24.03.2021, that are being assailed, a remedy of appeal is envisaged under Rule 16 of the Bio Medical Waste Management Rules, 2016.
Learned counsel for the petitioner concedes the availability of an alternate remedy under Rule 16 (ibid), and fairly submits that the petitioner be relegated to file an appeal against the impugned orders. He submits that the appeal shall be filed in the prescribed form within two weeks from today and till then the interim order passed by this Court on 26.03.2021, be kept in operation.
Learned counsel for the respondents are ad idem and plead no objection to the course, suggested by the learned counsel for the petitioner. However, they submit that the Appellate Authority (Principal Secretary to Government of Punjab, Department of Science and Technology and Environment) be directed that in the event any such appeal is filed, the same be decided within a specified time.
To this, learned Assistant Advocate General, Punjab, submits that the Appellate Authority shall decide the appeal, to be filed by the petitioner, within a period of three weeks from the date of its institution, after affording an opportunity of hearing to all the stakeholders.
2 of 3 ::: Downloaded on - 27-05-2022 20:10:44 ::: CWP No.7249 of 2021 (O&M) 3 In the wake of the statement made by learned counsel for the respective parties and taking the same on record, the petition is accordingly disposed of. The petitioner shall file an appeal before the appropriate Forum within two weeks from today.
The Appellate Authority shall make every possible endeavour to consider and decide the same, within a period of three weeks from the date it is filed. And, as agreed by the learned counsel for the parties, the interim order passed by this Court on 26.03.2021, shall remain operative for a period of two weeks from today or till the filing of the appeal, whichever is earlier. Whereafter, the petitioner shall be at liberty to renew its prayer for interim relief, before the appellate Authority itself, which shall consider and pass appropriate orders, after hearing all the stakeholders.
Needless to assert that this order shall not constitute an expression of opinion on the case of either of the parties.
(RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 24.05.2022 Manoj Bhutani Whether speaking/reasoned Yes/No Whether reportable Yes/No 3 of 3 ::: Downloaded on - 27-05-2022 20:10:44 :::