M/S Kamal Road Lines Stone And Screening (Stone) v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-20426-2022 (O&M) Date of decision:- 13.09.2022 M/s Kamal Road Lines Stone & Screening (Stone), Village Nagli 32, Tehsil Bilaspur, Yamuna Nagar.

...Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present:

Dr. Sumati Jund, Advocate, for the petitioner.

Mr. Deepak Balyan, Additional Advocate General, Haryana. Mr. Ankur Mittal, Advocate, Ms. Kushaldeep Kaur, Advocate, Mr. Jugam Arora, Advocate, for respondents No. 2 and 3.

* * * * RAVI SHANKER JHA, C.J. (ORAL) Learned counsel for the petitioner, after arguing at length, seeks withdrawal of the writ petition as it is stated by learned counsel for respondents No. 2 and 3 - Haryana State Pollution Control Board that though the impugned order has been passed under Section 31-A of the Air (Prevention and Control Pollution) Act, 1981 (in short the Act), but in substance, it is an order under Section 31 of the Act, whereby closure of the petitioner-unit has been ordered and, therefore, an appeal against the same is maintainable before the appellate authority.

Prayer made is allowed.

The writ petition stands dismissed as withdrawn with liberty to file an appeal before the appellate authority. (RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 13.09.2022 Amodh Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2022.09.15 11:24 I attest to the accuracy and integrity of this document