C.W.P. No. 834 of 2011 1 In the High Court for the States of Punjab and Haryana at Chandigarh … C.W.P. No. 834 of 2011 Date of decision: 21.11.2011 Rajesh Kumar ..Petitioner Versus State of Haryana and others ..Respondents Coram: Hon’ble Mr. Justice M.M.Kumar Hon'ble Mr. Justice Rajiv Narain Raina Present: Mr. I.D.Singla, Advocate for the petitioner. Ms. Palika Monga, DAG, Haryana for the respondents. .. 1. To be referred to the reporters or not ? 2. Whether the judgment should be reported in the digest ? M.M.Kumar,J. 1. In the instant petition filed under Article 226 of the Constitution, the petitioner has prayed for issuance of direction to the respondents to stop the operation of the Brick Kilns(P2). The basis of the prayer is that the time granted to these brick kilns had expired on 30.6.2010 but they were still operating. The grievance of the petitioner is that the operation of the brick kilns beyond the period of their licence is causing loss to the State exchequer. Moreover, the area where these brick kilns are situated, has been declared as controlled area under the provisions of the Punjab Scheduled Road and Controlled Area, Restriction of Unregulated Development Act, 1963. Thus, there is also requirement of obtaining licence from the Food and Supplies Controller, Sonepat-respondent no.5. C.W.P. No. 834 of 2011 2 No such licence/permission is alleged to have been obtained by the brick kilns operating in the area. These brick kilns are also causing air pollution and affecting the health of the people of the area. 2. Respondent Nos.1,2,3 and 5 have filed their written statement. In para No.10 of the written statement, it has been stated that new orders regarding urbanizable zone has been issued by the State Government on 21.12.2010 and 4.4.2011, in which 33 Brick Kilns out of total 82 brick kilns are running, which are fully covered by the new orders/guidelines issued by the Government. Remaining 49 brick kilns are closed and 17 brick kiln out of 49 had already been demolished their chimneys. 3. The aforesaid fact has been stated on the basis of report of the Committee constituted on 5.7.2011 by the District Food and Supplies Controller, Sonepat which has undertaken the inspection (R-12). 4. In view of the aforesaid factual position and the new order, it is also pertinent to mention that the aforesaid 33 brick kilns have been permitted to operate in urbanizable zone. In respect of the Brick Kilns in urbanizable zone, which are covered by notification issued under Section 4 of the Land Acquisition Act, 1894 (for brevity,”the Act”) various conditions have been laid down to which reference has been made in para No. 7 of the preliminary submissions. According to one of the conditions, such brick kilns would not be permitted to operate after six months from the publication of the notification under Section 4 of the Act or obtaining the licence of C.L.U. by the colonizers of the land of that sector in which brick kilns are situated. Another condition laid down is that no new brick kiln licence would be issued in the urbanizable zone/limit or within the area of two kilometers of the A-Class City of the urbanizable zone and 1 km from the other towns and cities. C.W.P. No. 834 of 2011 3 5. The aforesaid stand taken by the respondents satisfies the petitioner and accordingly the writ petition is disposed of. (M.M.KUMAR) JUDGE (RAJIV NARAIN RAINA) JUDGE November 21,2011 nk