SUNDERPAL Vs. STATE OF PUNJAB AND ORS.
LAWS(P&H)-2011-3-613
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 31,2011

Sunderpal Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

Ranjan Gogoi, C.J. - (1.) REPLIES filed on behalf of Respondents No. 1 and 5 are taken on record.
(2.) THE challenge in the writ petition is against the order dated 5.3.2010 (Annexure P -13) by which the Respondent No. 7, the owner of one M/s A.V. Industries, has been permitted to carry on the industrial activity in the premises in question. The objection filed by the Petitioner in this regard has been dismissed by the aforesaid order dated 5.3.2010. By order dated 28.1.2011 notice of motion was issued on the following limited questions: (i)Whether the level of noise emanating from the unit in question after introduction of the remedial measures is in conformity with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000? (ii)Whether the unit in question is being run in a residential or an industrial/commercial area?
(3.) PURSUANT to the notice issued the Punjab Pollution Control Board has filed an affidavit dated 24.3.2011. In para 12 of the affidavit the first issue on which notice was issued by the Court has been answered in the following manner: The detailed reply to the order has already been mentioned in para No. 5 of preliminary submission, however, the industry was again visited by officer of Environmental Engineer, Regional Office, Faridkot on 17.03.2011 and observed that the owner of the industry has closed its workshop from the premises of the industry in question.;


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