VED KAUR CHANDEL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner who claims herself to be from the family of Freedom Fighters has filed this writ petition in the nature of Public Interest Litigation claiming the following reliefs :

(2.) The allegations made in the writ petition are that respondent No. 5 has started establishing an industry by the name of Ajay Tyre Retreaders at Village Balu-Kariala, Tehsil Ghumarwin, District Bilaspur, which is adjacent to the State Highway connecting Ghagas-Kangra without leaving any scheduled width and controlled area as stipulated under the H.P. Roadside Land Control Act, 1968 (hereinafter called " the Act"). It is further alleged that rubber industry which is being set up by respondent No. 5 is pollutant in nature and is heavily dependent upon water, as such, there is every likelihood of pollution of the rivulet and other sources of water existing nearby, from which water is drawn for drinking and irrigation purpose by the inhabitants of contiguous villages. Besides this, air pollution and noise pollution is also apprehended which would adversely affect the health of the villagers living in and around the side of the proposed industry. The petitioner has placed on record certificates dated 12-7-1997 issued by the Up-Pradhan Gram Panchayat, Bakroa (Annexure P-A) dated 9-9-1997 issued by the President Gram Panchayat Phatoh, Tehsil Ghumarwin (Annexure P-C); dated 9-9-1997 issued by the President Gram Panchayat Amarpur Block Jhandutta, Distt. Bilaspur (Annexure P-D); dated 12-2-1998 issued by Member Zila Parishad; Ward No. 9 Chandpur, Distt. Bilaspur (Annexure P-G) and dated 12-2-1998 issued by the Chairman, Panchayat Samiti Jhandutta (Annexure P-H) verifying all these apprehensions of the villagers. Copies of joint representations of the respondents of village Balu Kariala submitted to the Chief Minsiter on 9-9-1997 and the Chairman H.P. State Pollution Control Board on 28-1-1998 are also placed on record as (Annexure P-B and P-F). However, no reply thereto was received. The Assistant Engineer H.P. PWD Sub-Division Ghumarwin also gave notice to respondent No. 5 to stop illegal construction without the permission of the Government.

(3.) In the reply affidavit dated 31-3-1998 filed on behalf of respondent No. 2 by the Director of Industries, it is admitted that rain fed Nallah exists adjacent to the factory site which remains dry during the summer season and natural source of water exists about 20 meters from the factory site which is used only for washing etc., whereas respondent No. 5 has proposed to draw water for her industry from the water supply line of the department of Irrigation and Public Health which is near to the proposed factory site. It is further admitted that respondent No. 5 has obtained provisional registration on 18-6-1997 from the General Manager District Industries Centre, Bilaspur to establish a Tyre Retreading Unit. According to the Director of Industries, the apprehension of the villagers is unfounded as the proposed industry does not fall in the category of polluting industries requiring site clearance. However, it is required to obtain No Objection Certificate from the H.P. State Pollution Control Board and also take necessary pollution control measures to its satisfaction before going into production. It is further stated that on receipt of the representation, the matter was got inquired into by the General Manager, District Industries Centre, Bilaspur, according to whose report the proposed industry will be established on one side of the State Highway at a distance of half a Kilometer from the residential houses of villages located across the road. Since the proposed unit is unlikely to adversely affect the residents of nearby village, No Objection Certificate has been issued by the H.P. State Pollution Control Board but the respondent No. 5 is liable to install the requisite Pollution Control devices and to take other measures for the abatement and control of Pollution to the satisfaction of the said Board before commencing production.