CWP No. 16961 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 16961 of 2011 Date of Decision: September 12, 2011 Jogi Ram …Petitioner Versus Pollution Control Board, Haryana and others ...Respondents CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Vijay Pal, Advocate for the petitioner. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The primary grievance made by the petitioner in the instant petition filed under Article 226 of the Constitution is that a tower has been installed adjacent to the house of the petitioner which requires for its operation by use of generator using kerosene or diesel as fuel. It has been alleged in para 3 that the security guard are running the generator by mixing kerosene oil and diesel because they they are selling diesel to other places and due to the mixture of kerosene oil, it creates more noise and air pollution. The tower has been installed in Plot No. 616 of the aforesaid village, which causes noise and pollution on account of mixing the fuels. It has become difficult to live there because the tower has been installed in a thickly populated area. 2. The aforesaid grievance has been made through a legal notice dated 07.01.2011, which is pending consideration of the CWP No. 16961 of 2011 -2- respondent-authorities. 3. Notice of motion. 4. Mr. Ashish Batish, Advocate appearing for Haryana Pollution Control Board, who is present in the Court accepts notice. Two copies of the paper books have been handed over to him by the learned counsel for the petitioner. 5. Keeping in view the nature of the grievance made and the pendency of the legal notice, we are of the considered view that at this stage, it would not be appropriate to interfere by expressing any judicial opinion one way or the other because the grievance has been made to the respondents and the same has not yet been finally disposed of. Therefore, we deem it appropriate to direct the respondent Nos. 1 and 2 through their counsel to attend to the legal notice sent by the writ petitioner and dispose of the same within a period of two months from the date a certified copy of this order is received by them. 6. The writ petition stands disposed of in the above terms. (M.M. KUMAR) ACTING CHIEF JUSTICE (GURDEV SINGH) JUDGE September 12, 2011 Atul