Raghu Rxports (India) Private Limited v. State Of Punjab And Another

CWP NO.18345-2020 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP NO.18345-2020 Date of Decision: 03.11.2020 RAGHU EXPORTS (INDIA) PVT. LTD.

....PETITIONER..

Versus

STATE OF PUNJAB AND ANR.

....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH Present : Mr. R.S. Bajaj, Advocate, for the petitioner.

Mr. Pankaj Gupta, Additional Advocate General, Punjab. **** SANT PARKASH , J.

(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court) The petitioner, a private limited company is engaged in the business of leather tanning by use of both wet and dry processing in its plant situated at Jalandhar. The premises of the petitioner was ordered to be sealed by Punjab Pollution Control Board due to non-conforming to the norms laid down as per Schedule-1 (16) of the Environment (Protection) Rules, 1986 as also under the Water (Prevention and Control of Pollution) Act, 1974, in compliance of the direction passed by a Division Bench of this Court on 29.10.2019 (Annexure P-1), examining the violation of the norms by the tanneries operating at Jalandhar. The present writ petition has been filed seeking a writ of SONIKA 2020.11.04 13:18 I attest to the accuracy and authenticity of this document Chandigarh

CWP NO.18345-2020 --2-- mandamus for allowing the petitioner to operate its unit at least by use of the dry processing by restoring the electricity and water connection in terms of the consent granted by the Punjab Pollution Control Board vide letter dated 16.10.2020 (Annexure P-6).

A perusal of Annexure P-6 would reveal that there is no specific mention of the fact that the consent has been granted to operate by use of the dry processing. Mr. Pankaj Gupta, Additional Advocate General appearing on behalf the respondent-State has fairly conceded that Annexure P-6 pertains to the dry processing.

It is pointed out that the issue raised in this petition has already been decided on 15.06.2020 by this Court in CWP-7687-2020 titled as "Lakshay International Pvt. Ltd. Vs State of Punjab and another", which fact is not disputed by learned Additional Advocate General, Punjab.

In view of the above, the present petition is disposed of in the same terms as CWP-7687-2020 decided on 15.06.2020 (Annexure P-3).

(JASWANT SINGH) (SANT PARKASH) JUDGE JUDGE November 03, 2020 sonika whether speaking/reasoned: Yes/No whether reportable:

Yes/No SONIKA 2020.11.04 13:18 I attest to the accuracy and authenticity of this document Chandigarh