ACFOLI INC Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order shall dispose of C.W.P. Nos. 971 and 469 of 2008 as common question of law have been raised. However, the facts are being referred from C.W.P. No. 971 of 2008. The petitioner has approached this Court with a prayer for direction to the respondents to allot it a plot measuring 1S000 square meters for setting up a dyeing unit in the earmarked Dyeing Zone Sector 29 Part-II, Panipat, as per the list of identified units prepared by the Haryana Pollution Control Board-Respondent No. 3 (for brevity, the Board ).

(2.) Brief facts of the case are that the matter regarding contamination of ground water being caused by indiscriminate discharge of polluted effluent by small and tiny units engaged in dyeing and printing activities in Panipat Town was considered in various meetings of the Environment Protection Council, Haryana. It was noticed that out of S00 units of Panipat, about 300 tiny units, which were employing 5-6 persons, were operating from residential and non-conforming areas of the town. Thus, in principle it was decided to formulate a time bound action plan for relocation of small scale industrial units working in the congested areas of the Town in a separate industrial estate so that their effluent could be treated in a common effluent treatment plant.

(3.) In the meeting of the Environment Protection Council, held on 19.9.2001 it was decided that Sector 29 Part II and Sector 30 Panipat, being developed by the HUDA, would be suitable site for relocating the aforementioned units. The issue with regard to cost of sites for relocating the units was also considered and it was decided that cost of the plot may be realized as per the following formula: