IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 11854 of 2010. [O&M] Date of Decision: 27th July, 2010. M/s Brar Bricks Industries Petitioner through Mr. SPS Tinna, Advocate Versus State of Punjab & Ors. Respondents through Mr. K.S.Sidhu, DAG, Punjab. Mr. H.S.Brar, Advocate Mr. G.L.Bajaj, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] The petitioner is a brick-kiln Industry who seeks quashing of the orders dated 10.05.2010 and 02.06.2010 [Annexures P-10 and P-11] whereby action under Section 31-A of the Air [Prevention and Control of Pollution] Act, 1981 has been taken against it and the brick-kiln has been ordered to be closed and the said order has been further upheld in appeal. The short controversy pertains to the violation of the siting parameters by the petitioner, in terms whereof the brick-kiln was required to be located outside the radius of 500 meters from the Wild Life Sanctuary located at Abohar. According to the respondents, the brick-kiln is located at a distance of 397 meters from the said Wild Life Sanctuary. On instructions, learned counsel for the petitioner states that the petitioner has another piece of land abutting the present location and he undertakes to shift the brick-kiln to that piece of land by ensuring that the distance between the Wild Life Sanctuary and the brick-kiln remains more than 500 meters. He, however, submits and rightly so that the petitioner may be granted some reasonable period to shift the brick-kiln and meanwhile, the Licence, No Objection Certificate earlier granted to him be not cancelled. Having heard learned counsel for the parties and subject to the petitioner shifting the brick-kiln on or before 31.10.2010 at a site which is distanced more than 500 meters from the Wild Life Sanctuary, it is directed that No Objection Certificate, granted by the Pollution Control Board and the Licence issued in its favour by the District Food and Supplies Controller shall not be cancelled. The respondents, however, shall be at liberty to visit and measure the distance of the new location of the brick-kiln to ensure that the siting parameters are meticulously complied with by the petitioner. Similarly, the consent/NOC granted by the Pollution Control Board, shall continue to be valid subject to, however, the petitioner complying with the emission conditions laid down by the Board from time to time. If the petitioner fulfills the requisite conditions, the Pollution Control Board shall grant the consent to him for the prescribed period which may be further renewed from time to time, subject to the conditions that may be imposed by the Board. Disposed of. Dasti. July 27, 2010. ( SURYA KANT ) dinesh JUDGE