| File Note: |
The case has been examined in reference to Civil Writ Petition No. 14716 of 2021 titled as Gram Panchayat, Village Manuke, Tehsil Jagraon, District Ludhiana, Punjab v/s State of Punjab and COCP No. 2625 of 2021 titled as Gram Panchayat, Village Manuke, Tehsil Jagraon, District Ludhiana v/s Adarsh Pal Vig and Others.
2) During the hearing of Civil Writ Petition no. 14716 of 2021 on 05.08.2021, Ms. Monica Chhibber Sharma, learned Senior Deputy Advocate General, Punjab, on instructions from the Punjab Pollution Control Board, submitted before the Hon'ble Punjab and Haryana High Court that the authorities have set up a modern carcass utilization plant which would become operational and in such a situation, the grievance of the petitioner would automatically stand redressed. She further submitted that the authorities in any case would take a decision on the representations/legal notice of the petitioner and communicate the same to it accordingly. The case was accordingly disposed of by the Hon'ble Punjab and Haryana High Court vide order dated 5.8.2021 in the preliminary hearing. Copy of order dated 05.08.2021 is attached.
3) In COCP no. 2625 of 2021, the Board has engaged Sh. Abhilaksh Gaind, Advocate. The relevant extract of order dated 19.09.2023 passed by the Hon'ble Punjab and Haryana High Court is reproduced herein below:
"Counsel for the petitioner submits that despite the undertaking, the Punjab Pollution Control Board as well as the Municipal Corporation, Ludhiana, are not following the same.
As per the reply filed by the Chief Executive Officer, Ludhiana Smart City, it is stated that the village of the petitioner is outside the municipal limits and therefore, the Municipal Corporation, Ludhiana, cannot lift the carcass of the dead animals, outside its jurisdiction.
Counsel appearing for respondent No.1 submits that though the plant has become operational, however, there is a large scale protest from the general public that it cannot be used for disposal of the carcass of the dead animals for the entire State of Punjab.
List again on 24.01.2024.
Liberty is granted to the petitioner to seek clarification, if so required."
Copy of order dated 19.09.2023 is attached. The case is now listed for hearing on 18.04.2024.
5 Upon examination of the case, I do not find any restriction to grant consent to operate to the Municipal Corporation, Ludhiana for the operation of Carcass Utilization Plant at Ludhiana under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. The Board may, however, impose a condition in the consents that the consents are granted subject to the decision of the Hon'ble Courts in pending litigation(s).
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