Satnam Singh And ANR v. State Of Haryana And Others

CWP-1283-2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-1283-2019 Date of Decision: January 17, 2019 Satnam Singh and another

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE.

HON'BLE MR. JUSTICE ARUN PALLI, JUDGE.

Present:

Mr. Raghav Sharma, Advocate, for the petitioners. KRISHNA MURARI, C.J. (ORAL) The petitioners are the residents of villages Bhor Saida and Gadhi Singha, Tehsil Pehowa, District Kurukshetra. A writ in the nature of mandamus is prayed for commanding the official respondents to remove and reallocate the factory that has been set up by respondent No. 5 in an area which is declared as a dark zone, and is also a part of village abadi. It is urged that the unit set up by respondent No. 5, causes severe air and water pollution, which is a health hazards to the residents of the village as also the people living in it's vicinity. Learned counsel for the petitioners submits that being aggrieved they had even represented to the Deputy Commissioner, Kurukshetra, vide representation (Annexure P-10), which was duly forwarded to the Pollution Control Board on 15.05.2018 for necessary action. But even though a considerable time has elapsed the matter has not PRASHANT KAPOOR 2019.01.19 11:22 I attest to the accuracy and authenticity of this document

CWP-1283-2019 made any tangible progress owing to the inaction of the respondents so much so even the legal notice (Annexure P-11), the respondents have been served with, has failed to evoke any response. Learned counsel for the petitioners submit that let this petition be disposed of, at this stage, only with a direction to the respondent authorities to consider and deal with their grievance as also the representation (Annexure P-10), and the legal notice (Annexure P-11), within a specified time.

In the wake of the above, and without commenting upon the merits of the case, we deem it appropriate to dispose of this petition only with a direction to the respondent authorities to consider and deal with the grievance of the petitioners, and, if indeed, any such representation/notice, as indicated above, is pending consideration, the same shall be disposed of by passing appropriate orders, in accordance with law, after affording an opportunity of hearing to all the stakeholders, within a period of three months from the receipt of a certified copy of this order. (KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE January 17, 2019 Pkapoor Whether Speaking/Reasoned:

YES / NO Whether Reportable:

YES / NO PRASHANT KAPOOR 2019.01.19 11:22 I attest to the accuracy and authenticity of this document