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Bhag Singh And Ors. vs State Of Punjab And Ors.

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Jan 5, 2007
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of India
Siège de la cour
New Delhi
Juge
PASAYAT, A.
KAPADIA, S.H.
Numéro de référence
AIR2007SC696, 2007(1)SCALE138, (2007)2SCC218
Langue
Anglais
Sujet
Terre et sols
Mot clé
Planification territoriale
Résumé
The Writ Petition was filed in the year 1994, taking the stand that industries by non official residents were operating in residential areas and, therefore, they were liable to be closed. This stand was resisted by the respondents on the ground that the factories in question were situated in Sector 16 which in terms of the Old Master Plan was an industrial area. The Punjab Pollution Control Board submitted report on action taken under the Air (Prevention & Control of Pollution) Act, 1981. Taking note of the report, the High Court of Punjab and Haryana disposed of the Writ Petition specifically directing that the pollution norms and standards have to be verified periodically and if there was found to be any deviation, action was to be taken. In support of the present appeal, the appellants submitted that in the new Master Plan 2000-2021 the properties in question fall within Sector 10 which is earmarked as a residential area. Therefore, the High Court's judgment is not in order. The stand is resisted by the respondents pointing out that as yet the new Master Plan has not become operative and has not been notified and, therefore, the grievances of the appellants are without any basis. Dismissing the appeal, the Court held: Since the Master plan which forms the foundation of the appellants' challenge has not yet been notified, the effect thereof cannot be considered at this juncture. When the writ petition was filed the old Master Plan was in force and continues to be in force. If, as and when there is any change introduced by any subsequent Master Plan, the effect thereof has to be considered in terms of the Notification of the said Master Plan.
Texte intégral
COU-155934.pdf
Site web
www.indiankanoon.org