Arijit Pasayat, J. - (1.) Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court dismissing the Writ Petition filed by the appellants.
(2.) Background facts in a nutshell are as follows: The Writ Petition was filed in the year 1994, taking the stand that industries by non-official residents were operating in residential areas and, therefore, they were liable to be closed. This stand was resisted by the respondents on the ground that the factories in question were situated in Sector 16 which in terms of the Old Master Plan was an industrial area. Therefore, the grievances of the writ petitioners were without substance. The High Court asked for report of the Punjab Pollution Control Board (in short the Board). The Boards report which is re-produced in the order of the High Court reads as follows: "Lastly the action taken report was filed on 8.4.2002 by the Board showing that 61 units have complied with the provisions of the Air (Prevention and Control of Pollution) Act, 1981. Out of remaining 27 units, 16 units have been closed down by the Board under Section 21/31-A of the Air (Prevention and Control of Pollution) Act, 1981. 8 Units have closed down their units themselves. Remaining 3 number units have not installed Air Pollution Control Devices. Thereafter 2 more units have installed Air Pollution Control Devices and 1 unit has changed its fuel from furnace oil to Liquid Petroleum Gas (LPG) in which Air Pollution Control Devices is not required. Hence, all the remaining industrial units have complied with the provisions of the Air (Prevention and Control of Pollution) Act, 1981. Submitted for the kind information of the Honble Punjab and Haryana High Court for issue of appropriate order in the case."
(3.) Taking note of the report, the High Court disposed of the Writ Petition specifically directing that the pollution norms and standards have to be verified periodically and if there was found to be any deviation, action was to be taken.;