IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 14745 of 2009 Date of Decision: 14.12.2010 M/s Quarkcity India Pvt. Ltd. ...Petitioner Versus State of Punjab and others ..Respondents. CORAM: HON'BLE MR. JUSTICE MUKUL MUDGAL, CHIEF JUSTICE HON'BLE MR. JUSTICE RANJAN GOGOI. 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. Hemant Saini, Advocate, for the petitioner. Ms. Madhu Dayal, Addl. A.G. Punjab for respondents No. 1,2,3 and 5. Mr. D.S.Patwalia, Advocate, for respondent No.4. Mr. Gaurav Mohunta, Advocate, for respondent No.6. **** MUKUL MUDGAL, C.J.(Oral) This petition has been filed by the petitioner for issuance of a writ in the nature of mandamus directing the official respondents to ensure pollution free environment by preventing/restraining respondent No. 6 from creating a dangerous health hazard by releasing suffocating toxic Ash in the air, in total disregard to the environment norms, which is a blatant infringement of the categoric undertaking, inked by the State of Punjab, in the agreement (Annexure P-2) dated 3.11.2003 with the petitioner, wherein the State of Punjab, at the time of attracting Foreign Direct Investment, had CWP No. 14745 of 2009 [2] undertaken the obligation to ensure the existence of only non- polluting industry in the vicinity of the project with the petitioner to create a State of Art Industrial and Urban Infrastructure in the State of Punjab. It was further prayed that the official respondents be directed to get the forensic examination conducted on the toxic ash, being strewn by respondent no.6 in the entire area much to the discomfort of the residents-workers at the area, for whom, the intake of the toxic ash, illegally emitted by the respondent, has become, not only a health hazard but also an impediment in the smooth working of the construction activities being undertaken by the petitioner, in accordance with the agreement with the State of Punjab, in which time is the essence. 2. Replication filed on behalf of the petitioner is taken on record. 3. Status report filed on behalf of Punjab Pollution Control Board is taken on record. The status report indicates that the premises of respondent No.6 M/s Crown Milk Spl. Pvt. Ltd. has been inspected on 30.11.2010 and it was found that the industry has raised the side wall around the ash storage area to prevent the particle of storage ash to become air borne and has also replaced the filters of the bag house (Air Pollution Control Device) attached with the trema cyclone and thus it has made the compliance of the directions issued by the Punjab Pollution Control Board and no pollution is being caused by respondent No.6 now. CWP No. 14745 of 2009 [3] 4. In this view of the matter, no further action is called for and the petition disposed of as having become infructuous. However, it will be open for the petitioner to challenge the findings arrived at by the Punjab Pollution Control Board before the Appellate Authority in accordance with law, if it still feels dissatisfied with the same. (MUKUL MUDGAL) CHIEF JUSTICE (RANJAN GOGOI) 14.12.2010 JUDGE 'ravinder'