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High Court of Punjab and HaryanaCWP/23854/2024disposed of

Krishna Processors v. State Of Punjab And Others

2024-09-18The Chief Justice,Mr. Justice Anil Kshetarpal2 pages

CWP-23854-2024 (O&M) 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-23854-2024 (O&M) Date of Decision: 18.09.2024 M/s Krishna Processors, Hadbast No.178, B-XXXI, Kullewal, Mahavir Complex, Tajpur Road, Ludhiana

...Petitioner

Vs.

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present

Mr. Naresh Jain, Advocate for the petitioner.

Mr. Anurag Chopra, Additional Advocate General, Punjab.

*** Sheel Nagu, CJ.(Oral) 1.

The present writ petition assails the order dated 03.09.2024 (Annexure P-29) passed under the Water (Prevention and Control of Pollution) Act, 1974 revoking the consent of the petitioner-Industry to operate, granted sometime in the year 2020 on the ground that the petitioner has not got its shares for discharge of effluent into the CETP with 50 MLD capacity DEMAT till date. 2.

It is not disputed that the consent granted to the petitioner-Industry was subject to certain conditions including that the industry is required to establish as per the guidelines for Securities and Exchange Board of India under the Company Laws in order to get the shares DEMAT from the Registrar of Companies within a period of three months. But several years have elapsed. Learned counsel for the petitioner submits that due to unavoidable circumstances the process of DEMAT got delayed.

ARCHANA ARORA 2024.09.20 10:18 I attest to the accuracy and integrity of this document

CWP-23854-2024 (O&M) 3.

This Court after hearing learned counsel for the rival parties is of the considered view that since disputed questions of fact are involved it would be appropriate for the petitioner-Industry to avail the remedy of appeal/revision before the State Government and thereafter approach the National Green Tribunal, if occasion arises.

4.

With the aforesaid liberty, the present petition stands disposed of. (SHEEL NAGU) CHIEF JUSTICE (ANIL KSHETARPAL) JUDGE September 18, 2024 archana Whether speaking/reasoned?

:

Yes/No Whether reportable?

:

Yes/No ARCHANA ARORA 2024.09.20 10:18 I attest to the accuracy and integrity of this document