IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.9562 of 2014(O&M) Date of Decision: July 14, 2014 M/s Anaesthetic Gases PVT.Ltd.....Petitioner versus The Union of India and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MRS.JUSTICE LISA GILL.
Present : Mr.Kanwaljit Singh, Senior Advocate with Mr.Ajaivir Singh, Advocate, for the petitioner.
-.- 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) CWP-7996 of 2014 For the reasons mentioned in the application the same is allowed subject to all just exceptions and the documents (Annexures P-16 to P-18) are taken on record.
CM stands disposed of.
CWP No.9562 of 2014 The petitioner-company has set-up an industrial unit to manufacture Nitrous Oxide Gas in Medium Scale Sector.
The aforesaid Gas is supplied to various hospitals and nursing homes as Anaesthetic and is stated to be one of the life saving product.
The industrial unit of the petitioner is located on National Highway No.22.
It appears that due to acquisition of a strip of land for widening of the National Highway, the access to the petitioner's factory stands curtailed.
Kumar Mohinder 2014.07.28 13:37 I attest to the accuracy of this order Chandigarh CWP No.9562 of 2014 (O&M) [2].The petitioner, with a view to provide better access to its industrial unit, has applied to Union of India, Ministry of Environment and Forest to accord necessary permission for diversion of 0.0132 hectares of forest land for non-forestry purpose.
The petitioner's case is said to have been recommended by the State of Punjab vide memo dated 26.6.2014 (Annexure P-16).Similar recommendations have been made by National Highways Authority of India as well.
It is the petitioner's case that Petroleum and Explosives Safety Organization, Government of India has decided to stop un- interrupted supply of Ammonium Nitrate from 31.07.2014 and if it is so happens, the petitioner-factory would come to fall due to non-supply of the aforesaid raw-material.
It is alleged that since the desired action of the level of Ministry of Environment and Forest, Union of India is still awaited, the petitioner has been left with no other option except to approach this Court.
We have heard learned counsel for the petitioner and gone through the record.
Keeping in view the fact that the petitioner has already approached the Competent Authority, namely, Union of India to accord necessary permission under the Forest (Conservation) Act, 1980, we dispose of this writ petition without expressing any views on merits, with a direction to the fiRs.respondent to take appropriate decision in accordance with law as early as possible and preferably within a period of one month from the date of receiving a certified copy of this order.
The petitioner may also meanwhile approach the Petroleum and Explosives Safety Organization to continue the un-interrupted supply of Ammonium Nitrate till the Ministry of Kumar Mohinder 2014.07.28 13:37 I attest to the accuracy of this order Chandigarh CWP No.9562 of 2014 (O&M) [3].Environment and Forest takes decision in terms of the directions issued herein-above.
The said organization shall, in the facts and circumstances of this case, consider the petitioner's request sympathetically.
Ordered accordingly.
Dasti.
[SURYA KANT].JUDGE July 14, 2014 [LISA GILL].Mohinder JUDGE Kumar Mohinder 2014.07.28 13:37 I attest to the accuracy of this order Chandigarh