IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.15271 of 2007 Date of Decision: 10.12.2008 Swaran Singh Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.J.S.Cooner, Advocate for the petitioner Mr.Rameshwar Malik, Addl.A.G.Haryana for respondents No.1 and 3 Mr.Arun Walia, Advocate for respondent No.2 Mr.Hari Om Sharma, 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 the respondents to close down the factory, set up by respondent No.4, which, according to the petitioner is causing environmental and noise pollution. In reply to the notice issued by this Court, respondent No.2 has filed a counter affidavit, in paragraph No.8 whereof, it has been specifically stated that the unit has substantially shifted its polluting heavy machinery to the Industrial Area, Manakpur in district Yamuna Nagar. The respondent has Civil Writ Petition No.15271 of 2007 2 further stated that there is no heavy machinery causing any kind of pollution in the area. An Oil Fired Annealing Furnace, no doubt continues in the area but the same is, according to the respondent, non-polluting in nature. It is further alleged that the ambient air sample collected near the furnace as well as noise monitoring sample collected outside the unit on 24.6.2008 shows that all the parameters are well within the prescribed limit. A copy each of the analysis reports have been annexed with the counter affidavit. The petitioner has not, despite an opportunity granted to him for the purpose, filed any rejoinder to the above averments nor denied the fact that the unit has substantially shifted to the industrial area in Manakpur, as stated by respondent No.2. Learned counsel for the petitioner all the same argued that according to his instructions, the unit continues to cause pollution both environmental as also noise. This allegation is denied by counsel appearing for respondent No.2. Be that as it may, we see no reason to keep the present writ petition pending, especially, when the unit is said to have shifted its polluting heavy machinery to the industrial area, which part of the allegation is not denied by the petitioner. Whether or not any part of the industrial activity is being carried on by respondent No.4 from its original location and whether or not the same is causing pollution of any kind is a matter which in our opinion, can be examined by the Pollution Control Board as and when the petitioner makes a representation to it. Learned counsel for the petitioner submits that the petitioner would make a suitable representation to the Pollution Control Board within a period of six weeks. We, therefore, direct that in case such a representation is made, Haryana State Pollution Control Civil Writ Petition No.15271 of 2007 3 Board shall examine the matter and take an appropriate decision on the subject after conducting a site inspection and taking samples in accordance with law. The writ petition is disposed off with the above direction, leaving the parties to bear their own costs. (T.S.THAKUR) CHIEF JUSTICE 10.12.2008 (JASBIR SINGH) gk JUDGE