SUKHDEV SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution seeks a direction to the official respondents for taking effective steps with regard to expansion of Stelco Industries Limited-respondent No. 4 and for its re-allocation to some other alternative site. The primary grievance of the petitioner is that the said industrial unit has come within the residential area, is a source of noise and air pollution and also creating hurdle for the residents of the area.

(2.) Brief facts of the case are that Stelco Industries Limited-respondent No. 4 was set up in the year 1977. At that point of time it was located far away from the township of Rampura Phul, District Bathinda. However, with the growth of population several residential colonies like Jawahar Nagar have developed in an around the area where the respondent No. 4 industry is located. It is pertinent to mention that the said industry manufactures 'Cold Rolled Steel Strips'. According to the petitioner, when the industry was set up the area was not inhabited and there was no danger to the human beings. But now the position has changed. Several residential houses have come up in the vicinity of the industrial unit. The industry is also expanding. The petitioner has placed on record a representation made by the Gram Panchayat of Jawahar Nagar, dated 10.10.2008, requesting the Deputy Commissioner, Bathinda, to interfere in the matter of expansion of Stelco Industries-respondent No. 4 (P-1). It has been stated that the industry is a source of noise pollution day and night and the persons living in the residential area are facing several problems. The petitioner also served a legal notice dated 23.10.2008 (P-2) in this regard.

(3.) Even the Gram Panchayat and the residents of Jawahar Nagar instituted proceedings under Section 133 Indian Penal Code in the Court of Sub Divisional Magistrate, Rampura Phul, against M/s Stelco Industries-respondent No. 4. However, the Sub Divisional Magistrate, Rampura Phul, found no truth in the complaint and dismissed the same, vide order dated 23.10.2009 (P-3). It has been specifically observed by the SDM that other factories are also located near Stelco Industries and, in fact, it is a private dispute. The factory has got the pollution certificate from the Pollution Control Board.