CIVIL WRIT PETITION NO. 9098 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: July 17, 2009. Parties Name V.K.Jain ..PETITIONER VERSUS State of Punjab and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. S.D.Singh, Advocate, for the petitioner. Mr. A.S.Jattana, Addl. A.G., Punjab, for respondents No. 1 to 6. Mr. Arvind Mittal, Advocate, for respondent No. 7. Mr. R.S.Attwal, Advocate, for respondent No. 8 JASBIR SINGH, J. (oral) Order. Reply on behalf of respondents No. 1 to 6 has been filed today in Court. The same is taken on record. Shri Jattana has also put on record a copy of the letter, received from the District Transport Officer, Bathinda, stating therein that he had seen operation of loading slurry in the trucks. It has further been stated that during transportation, no pollution was caused. Letter is taken on record. CIVIL WRIT PETITION NO. 9098 OF 2009 -2- In this writ petition, petitioner prays that directions be issued to the official respondents to ensure that in executing the job of transporting slurry, from the tanks of National Fertilizer Limited at Bathinda, the private respondents should not cause any hindrance. In reply , it has been said that the allegations are false and no such hindrance was ever caused. Be that as it may, following order was passed by this Court on July 1, 2009: “Mr. Sharma seeks more time to file reply. On request, adjourned to 17.7.2009. Separate replies on behalf of respondent No. 7 and 8 have been filed in Court. Taken on record. Mr. S.D.Singh states that to remove carbon slurry from the slurry tanks of National Fertilizer Limited, Bathinda, covered trucks will be used and it will be ensured that no particle of carbon slurry comes out during its transportation. In view of above, it is directed that in case the petitioner complies with the undertaking given, then SSP Bathinda shall ensure smooth running of the trucks for the purpose of transportation of carbon slurry and if at any time, the petitioner does anything contrary to its undertaking, the police authorities will be at liberty to impound its truck. Counsel for the Truck Union states that the members of the Truck Union shall not obstruct functioning of the trucks of the petitioner. Mr. Sharma is also directed to get report from the District Transport Officer to the effect that if carbon slurry is transported in the trucks, operated by the petitioner, upto Delhi, CIVIL WRIT PETITION NO. 9098 OF 2009 -3- whether it will cause pollution on its way or not. Copy of the order be given to Mr. Sharma under signatures of the Court Reader and to others Dasti on payment of usual charges.” Shri S.D.Singh, Advocate, counsel for the petitioner states that compliance has been made to the order passed by this Court and in future also, the petitioner shall comply with the directions issued by this Court in order dated July 1, 2009. The carbon slurry shall be transported in a manner which will not cause any pollution, when shifting it to its ultimate destination. Shri Attwal, counsel for respondent No. 8, states that neither in the past nor in future, respondent No. 8 shall cause any hurdle in execution of the work by the petitioner. Counsel for the petitioner states that only grievance which remains is that two trucks of the petitioner are not traceable. Counsel for respondent No. 8 has shown photograph of the trucks, which are standing stationary on a road in Bathinda. Petitioner may remove those trucks from the place near Chhabra Hospital in Bathinda. If these trucks are not available at that place, Senior Superintendent of Police concerned is directed to locate those trucks and give their possession to the petitioner. However, it is made clear that no FIR will be recorded on the complaint made earlier, by the petitioner. This writ petition stands disposed of accordingly. Copy of the order be given Dasti on payment of usual charges. July 17, 2009 ( Jasbir Singh ) DKC Judge