IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 3564 of 2008 Date of Decision: 04.11.2008 Sulakhan Singh ..Petitioner versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. BPS Virk, Advocate for the petitioner Ms. Madhu Dayal, Addl. A.G. Punjab for respondents No.1 and 2 Mr. A.R.Takkar, Advocate for respondent No.3 Mr. Arun Nehra, Advocate for respondent No. 4 T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a mandamus directing respondents No.1 to 3 to shut down the distillery which is discharging untreated water in Jhambo Choe/drain apart from discharging untreated smoke in the air thereby causing water and air pollution. Counter affidavits have been filed by respondents No.1 and 3, in which, it is inter-alia stated that the working of the distillery in question is being monitored by Punjab Pollution Control Board which has issued a number of directions including a direction for construction of storage lagoon for treated trade effluents discharged from the sugar cane section of the unit. It is submitted by Mr. Takkar appearing on behalf of Punjab CWP No. 3564 of 2008 [2] Pollution Control Board that a team from the Board that visited the site for inspection did not find any discharge of the trade effluents into Jhambo Choe drain as alleged by the petitioner and the Jhambo Choe is at a distance of about 2 Km. from the place where the distillery is located. Learned counsel for respondent No.4 also submitted on the instructions of Mr. D.K.Sharma, Director of the Company, that the company is not discharging any trade effluent in the choe nor would it discharge in future any such effluent without specific permission in writing obtained from Punjab Pollution Control Board. That statement satisfies learned counsel for the petitioner who submits that apart from the undertaking given by respondent No.4 regarding non-discharge of the trade effluents in the choe, this Court ought to direct the industry to comply with the directions issued by the Punjab Pollution Control Board from time to time so that pollution is kept permissible limits. In the circumstances, therefore, and keeping in view the submissions made at the Bar, we dispose of this writ petition with a direction to the respondents to the effect that respondent No.4 shall not discharge any trade effluents in Jhambo Choe drain without specific permission to that effect in writing from Punjab Pollution Control Board. We further direct that the industry shall take all such measures including construction of a storage lagoon and comply with all lawful directions as may be issued by Punjab Pollution Control Board from time to time. No costs. (T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) 04.11.2008 JUDGE 'ravinder'