Haryana Govt. Stay Order in Fly Ash CaseHaryana High Court

C.W.P. No-19041 of 2005

Present: - Mr. Rajan Gupta Advocate for the petitioners.

  • Let notice of motion issue to the respondents to show cause as to why the petition be not admitted, returnable on 23-2-2006.
  • To be listed with C.W.P. No-7611 of 2005.
  • Till further orders the respondents shall not take any coercive steps against the petitioners for failure on their part to use the Fly ash in the manufacture of bricks.
S/d- D.K. JAIN
CHIEF JUSTICES/d- HEMANT GUPTA
JUDGE

No. ……………………….L…P.A..BR. W15                                                                                                                                                   Dated………………………………………

 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

(CIVIL WRIT JURISDICTION)

To

  1. The State of Punjab through the Secretary, Department of Food and Civil Supplies, Punjab Civil Secretariat, Chandigarh.
  2. Punjab Pollution Control Board, Patiala through its Chairman.
  3. Punjab Pollution Control Board, Zonal Office, Vadavaran Bhawan, Patiala through its Environment Engineer.
  4. Punjab Pollution Control Board , Regional Office Sangrur through its  Environment Engineer.
  5. The Secretary to Govt. Punjab, Public Works Department, Punjab Civil Secretariat, Chandigarh.
  6. The Secretary to Govt. Punjab, Housing & Urban Development Department, Punjab Civil Secretariat, Chandigarh.
  7. Union of India through the Secretary, Ministry of Environment and Forests, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi – 110 003.
  8. Punjab Pollution Control Board, Nodal Office 1153, Sector 44-B, Chandigarh  through  its Environment Engineer. :

Subject:Civil Writ Petition No…………..19398…………………of………….2004………

M/s Kuldeep Singh & Bros. And others
Peritioner (s)
Versus

The State of Punjab/Haryana/and others
………………Respondent(s)
Sir,
     In continuation of this Court’s order dated …………………………….………I am directed to forward herewith a copy of order dated………….24/1/05……………passed by this court in the above noted case for immediate strict compliance.

Given under my hand and the seal of this Court this
Day  of ………25th January, 2005

 

BY ORDER OF THE PUNJAB AND HARYANA HIGH COURT CHANDIGARH

SUPERINTENDENT (WRITS)
FOR ASSTT. REGISTRAR (WRITS)
S/d-
25/1/05

seal of the High Court of Punjab and Haryana.

C.W.P. No. 19398 of 2004  (O&M)

Present :
Mr. P.S. Patwalia, Senior Advocate with
Mr. D.S. Patwalia, Advocate for the petitioners.
Mr. A.R. Takkar, Advocate for Respondent No. 2, 3, 4, and 8
Mrs. Charu Tuli, Senior Deputy Advocate General, Punjab.

Keeping in mind the orders, which we have passed in CWP No. 847 of 2005 regarding use of 25% of fly ash in manufacture of bricks, we adjourn the instant writ petition proceedings to 11.2.2005 as requested by Mr. A.R. Takkar, learned counsel representing the Punjab Pollution Control Board to assure the Court that the fly ash is not contaminated with radio activity and is not capable of causing any health hazard to the brick kilns workers engaged in manufacturing of bricks and the persons, who my be engaged or who are already engaged in loading and unloading the fly ash .

Till then, we restrain the Respondents from taking any coercive action against the bricks kiln owners, who are manufacturing bricks with traditional system.

24.1.2005
GS

 
Sd/- (Binod Kumar Ray)
CHIEF JUSTICE
Sd/- (Justice Rajive Bhalla)

True Copy

 
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