BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of Civil Writ Petition Nos. 12838 and 18137 of 2006 as common questions of law and facts are involved in these cases. Both these petitions have been filed in Public Interest, seeking a writ of certiorari to set aside/cancel the licence granted to Respondent No. 6 to establish and run a brick -kiln, allegedly in contravention of the Haryana Control of Bricks Supplies Order, 1972 read with the provisions of the East Punjab Control of Bricks Supplies Act, 1949. For brevity, the facts are being taken from CWP No. 12838 of 2006.

(2.) THE East Punjab Control of Bricks Supplies Act, 1949 (in short the Act) was enacted to secure equitable distribution of the bricks to the public at a rasonable price and to prevent the brick -kiln owners from exploiting the situation by charging exorbitant prices. In exercise of its powers under Section 3 of the Act, the State of Haryana notified the Haryana Control of Bricks Supplies Order, 1972 (for short 'the 1972 Order') which has been amended from time to time including the notifications dated 1st June, 1992 and 20th September, 1996. As per the siting parameters prescribed under the 1972 Order, a brick -kiln can not be installed unless it is located at the minimum distance prescribed from the prohibited places, some of which being relevant to these cases, are as follows: