PREM SAGAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks quashing of the orders dated 11th April, 2008 and 15th October, 2008 [Annexures P-14 and P-21] whereby the consent/No Objection Certificate previously granted to him for the installation of a Rice Mill, has been cancelled/withdrawn on the ground that the proposed site of the Rice Mill is barely 7.5 meters from the area of Bir Bhadson, a notified Wild Life Sanctuary.

(2.) THE petitioner is stated to have purchased the land measuring 8 Bighas in village Chaswal, Tehsil Nabha, District Patiala for setting up a Rice Mill. The District Town Planner, Patiala, granted No Objection Certificate to the petitioner for the afore-said purpose certifying that the site was at a distance of 13 Kilometers from the Master Plan and Municipal Area of Nabha. The petitioner also applied to the Punjab Pollution Control Board for the No Objection Certificate and the same was granted vide memo dated 22nd March, 2007 [Annexure P-3], on the basis of a report given by the Naib Tehsildar, Bhadson that there was no 'Wild Life Sanctuary' or 'Zoo' within the radius of 500 meters from the site. The petitioner thereafter is stated to have constructed the building and installed the machines to set up the Rice Mill after obtaining loan etc. from the Punjab and Sind Bank. The petitioner then applied to the respondent Board to grant consent and the clearance certificate. It is averred that while the matter regarding grant of consent etc. was pending consideration, respondent No. 7 started making complaints to different authorities, inter-alia, alleging that the site of the Rice Mill being set up by the petitioner was adjacent to Wild Life Sanctuary of Bir Bhadson and the distance between the petitioner's site and the Wild Life Sanctuary, as was reported by the Naib Tehsildar, Bhadson to the Board, was false and against the record.

(3.) IT may be noticed here that the Government of Punjab, Department of Science, Technology and Environment has laid down the Siting Parameters vide order dated 11th September, 2006 [Annexure P-12] to set up Rice Shellers and Saila Plants and clause [iv] thereof reads as under :-