High Court of Punjab and HaryanaCWP/17268/2020disposed of

M/S Ardee Infrastructure Pvt. Ltd. v. State Of Haryana And ORS

2020-10-16Mr. Justice Augustine George Masih,Mr. Justice Ashok Kumar Verma2 pages

112 (PROCEEDINGS THROUGH V.C.) In the High Court of Punjab and Haryana at Chandigarh .....

CWP-17268-2020 .....

Date of Decision:16.10.2020 M/s Ardee Infrastructure Pvt. Ltd.

.....Petitioner Vs.

State of Haryana and others .....Respondents .......

Coram:

Hon'ble Mr. Justice Augustine George Masih Hon'ble Mr. Justice Ashok Kumar Verma .....

Present:

Mr. Rajeev Anand, Advocate for the petitioner. Ms. Shubra Singh, Additional Advocate General, Haryana for the respondents.

.....

Augustine George Masih, J. (Oral):

Petitioner is aggrieved against order dated 30/03/2020 (Annexure-P.28) passed by Regional Officer, Gurgaon North Haryana State Pollution Control Board (respondent No.3). Operative part thereof reads as under:- "In view of the above stated facts, the consent under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section 21 of Air (Prevention & Control of Pollution) Act, 1981 sought vide your above referred application, is hereby refused due to the above shortcomings/incompletion. In future, your unit would be discharging effluent into the atmosphere at your own risk in violation of the above said Act HARPAL SINGH PARMAR 2020.10.16 17:32 I attest to the accuracy and authenticity of this document Chandigarh

CWP-17268-2020 [2] and rendering yourself liable for legal action under Section 43/44 of the Water (Prevention & Control of Pollution) Act, 1974 and Section 38/39 of Air (Prevention and Control of Pollution) Act, 1981."

Admittedly, an appeal is maintainable against the aforesaid order. We, thus, proposed to grant liberty to the petitioner to approach the appellate authority along with his plea, if any, for stay of the order during the proceedings. In case such an appeal is filed within ten days from today, the appellate authority shall endeavour to decide the same at the earliest in any case not later than two months.

Till the date, appeal is filed, no coercive action shall be taken against the petitioner. It is clarified that the appellate authority shall be at liberty to consider the appeal as well as prayer, if any, for stay independently, on merits, thereafter.

Disposed of.

(Augustine George Masih) Judge (Ashok Kumar Verma) October 16, 2020.

Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No HARPAL SINGH PARMAR 2020.10.16 17:32 I attest to the accuracy and authenticity of this document Chandigarh