M/S JAI RICE & GENERAL MILLS Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2011-4-156
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 05,2011

M/S Jai Rice And General Mills Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) The challenge in the writ petition is against an order dated 10.9.2009 (Annexure P-6) the effect of which is that the petitioner-unit (rice shelling unit) has been compelled to close down its business.
(2.) The facts are long but an attempt must be made to summarize and state only what is material for the purpose of the present petition. On the basis of a NOC granted by die Punjab Pollution Control Board on 23.8.2007, the rice shelling unit in the petitioner-mill commenced its operations. One of the norms required to be met by the said unit is mat the same should not be located at a distance less man 500 meters from a main road/highway. A complaint in this regard Was filed before the Pollution Control Board on the basis of which a show-cause notice dated 24.9.2007 was issued to the petitioner pointing out a deficiency in the matter of maintaining the requisite distance. The petitioner approached the' State Government for relaxation of the particular norm which was so done on 23.7.2009.
(3.) On the basis of the relaxation granted by the competent authority of the State, the Pollution Control Board gave its final consent to the petitioner to operate. This was done on 24.72009.;


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