LAWS(P&H)-2017-1-373

SANJEEV KUMAR Vs. STATE OF PUNJAB AND OTHERS

Decided On January 30, 2017
SANJEEV KUMAR Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) Petitioner-Sanjeev Kumar by way of the present petition under Articles 226 and 227 of the Constitution of India seeks quashing of the order dated 12.07.2016 (Annexure P-12) passed by the Sr. Environmental Engineer, Punjab Pollution Control Board, Zonal Office, Patiala (respondent no.2) whereby the No Objection Certificate (NOC) No. G16PTACTE410442 dated 24.05.2016 issued to the petitioner vide office letter dated 25.05.2016 (Annexure P-2) has been revoked/cancelled.

(2.) The petitioner purchased land measuring 22 Bighas 4 Biswas at village Shambu Kalan, Tehsil Rajpura, District Patiala in the name of 'M/s AOne Poultry Farm' vide registered sale deed dated 16.03.2016 (Annexure P-1). The petitioner had already sought permission/NOC from the State of Punjab through its Member Secretary, Punjab State Pollution Control Board, Vatavaran Bhawan, Nabha Road, Patiala (respondent no.1) ('Board' - for short) to establish and start business/industry of poultry farm in the name and style of 'M/s A-One Poultry Farm'. The permission was granted to the petitioner vide NOC G16PTACTE410442 dated 24.05.2016 (Annexure P-2), which was issued vide letter dated 25.05.2016. The petitioner got the construction of infrastructure started in the poultry farm in question. According to the petitioner, the construction had been got stopped by notorious persons as they did not want the poultry farm to continue probably for their own self motive. Therefore, threats were held out to the petitioner and also to the labour working at the site of construction. The matter was also reported to the concerned police post in terms of a complaint dated 17.06.2016 (Annexure P-3). Since, the threats had continued, the petitioner filed CRM-M-23398 of 2016 titled as "Sanjeev Kumar v. The Sr. Superintendent of Police, Patiala and others" in this Court for providing protection to his life and liberty. The said petition was disposed of by this Court vide order dated 207.2016 (Annexure P-4) directing the Senior Superintendent of Police, Patiala to look into the contents of the complaint dated 17.6.2016 submitted to the concerned police in-charge and to take necessary action thereon in accordance with law. According to the petitioner, notorious persons who belong to the ruling party/State Govt. had their personal interests and had got the construction of the poultry farm stopped.

(3.) Notice of motion and notice regarding stay was issued to the respondents.