Present : Mr.Dilpreet Singh Gandhi Advocate for the Petitioners. Vs. Angrej Singh and Others .....Petitioners - Court Judgment

SooperKanoon Citationsooperkanoon.com/1158598
CourtPunjab and Haryana High Court
Decided OnJul-07-2014
AppellantPresent : Mr.Dilpreet Singh Gandhi Advocate for the Petitioners.
RespondentAngrej Singh and Others .....Petitioners
Excerpt:
in the high court of punjab & haryana at chandigarh civil writ petition no.12784 of 2014 date of decision: july 07, 2014 angrej singh and others .....petitioners versus state of punjab and others .....respondents coram : hon'ble mr.justice surya kant. hon'ble mrs.justice lisa gill. present : mr.dilpreet singh gandhi, advocate, for the petitioners.-.- 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) the petitioners are residents of village kadgil khurd, district tarn taran. their grievance is against the notification dated 21.07.2011 issued under the punjab regional and town planning and development (amendment) act, 2006, notifying the 'local planning area' of tarn taran and consequential permission granted to respondent no.10 for setting up a rice-sheller. the petitioners.case is that the rice-sheller in question would be a constant source of air and noise pollution and thus adversely affect their living conditions in the village. it is contended that the petitioners.houses are in the close vicinity of the proposed rice-sheller which were built up several decades ago. the authorities while granting permission to set-up rice-sheller are said to have completely overlooked that such a polluting industry cannot be installed near the residential area. kumar mohinder 2014.07.31 12:32 i attest to the accuracy of this order chandigarh cwp no.12784 of 2014 [2].having heard learned counsel for the petitioners.we find that the petitioners have rushed to this court without approaching the authorities who have granted permission to respondent no.10. in these circumstances and having regard to the issues raised by them, we dispose of this writ petition with a direction to respondent nos.2 to 8 to treat this petition as a representation on behalf of the petitioners and look into their grievances in accordance with law and after observing the principles of natural justice. an appropriate decision shall be taken by the authorities after hearing the petitioners/residents of the village as well as respondent no.10, as early as possible, but not later than three months from the date of receiving a certified copy of this order. registry is directed to send a copy of the writ petition alongwith certified copy of this order to the respondents. ordered accordingly. dasti. [surya kant].judge july 07, 2014 [lisa gill].mohinder judge kumar mohinder 2014.07.31 12:32 i attest to the accuracy of this order chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.12784 of 2014 Date of Decision: July 07, 2014 Angrej Singh and others .....Petitioners versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MRS.JUSTICE LISA GILL.

Present : Mr.Dilpreet Singh Gandhi, Advocate, for the petitioneRs.-.- 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) The petitioners are residents of village Kadgil Khurd, District Tarn Taran.

Their grievance is against the notification dated 21.07.2011 issued under the Punjab Regional and Town Planning and Development (Amendment) Act, 2006, notifying the 'Local Planning Area' of Tarn Taran and consequential permission granted to respondent No.10 for setting up a Rice-Sheller.

The petitioneRs.case is that the Rice-Sheller in question would be a constant source of air and noise pollution and thus adversely affect their living conditions in the village.

It is contended that the petitioneRs.houses are in the close vicinity of the proposed rice-sheller which were built up several decades ago.

The authorities while granting permission to set-up rice-sheller are said to have completely overlooked that such a polluting industry cannot be installed near the residential area.

Kumar Mohinder 2014.07.31 12:32 I attest to the accuracy of this order Chandigarh CWP No.12784 of 2014 [2].Having heard learned counsel for the petitioneRs.we find that the petitioners have rushed to this Court without approaching the authorities who have granted permission to respondent No.10.

In these circumstances and having regard to the issues raised by them, we dispose of this writ petition with a direction to respondent Nos.2 to 8 to treat this petition as a representation on behalf of the petitioners and look into their grievances in accordance with law and after observing the principles of natural justice.

An appropriate decision shall be taken by the authorities after hearing the petitioners/residents of the village as well as respondent No.10, as early as possible, but not later than three months from the date of receiving a certified copy of this order.

Registry is directed to send a copy of the writ petition alongwith certified copy of this order to the respondents.

Ordered accordingly.

Dasti.

[SURYA KANT].JUDGE July 07, 2014 [LISA GILL].Mohinder JUDGE Kumar Mohinder 2014.07.31 12:32 I attest to the accuracy of this order Chandigarh