Mr. M.M. Kumar, ACJ.: - This petition filed under Article 226 of the Constitution seeks a direction to the official respondents for taking effective steps with regard to expansion of Stelco Industries Limited respondent No. 4 and for its re-allocation to some other alternative site. The primary grievance of the petitioner is that the said industrial unit has come within the residential area, is a source of noise and air pollution and also creating hurdle for the residents of the area.

2. Brief facts of the case are that Stelco Industries Limited respondent No. 4 was set up in the year 1977. At that point of time it was located far away from the township of Rampura Phul, District Bathinda. However, with the growth of population several residential colonies like Jawahar Nagar have developed in an around the area where the respondent No. 4 industry is located. It is pertinent to mention that the said industry manufactures ‘Cold Rolled Steel Strips’. According to the petitioner, when the industry was set up the area was not inhabited and there was no danger to the human beings. But now the position has changed. Several residential houses have come up in the vicinity of the industrial unit. The industry is also expanding. The petitioner has placed on record a representation made by the Gram Panchayat of Jawahar Nagar, dated 10.10.2008, requesting the Deputy Commissioner, Bathinda, to interfere in the matter of expansion of Stelco Industries-respondent No. 4 (P-1). It has been stated that the industry is a source of noise pollution day and night and the persons living in the residential area are facing several problems. The petitioner also served a legal notice dated 23.10.2008 (P-2) in this regard.

3. Even the Gram Panchayat and the residents of Jawahar Nagar instituted proceedings under Section 133 IPC in the Court of Sub Divisional Magistrate, Rampura Phul, against M/s Stelco Industries-respondent No. 4. However, the Sub Divisional Magistrate, Rampura Phul, found no truth in the complaint and dismissed the same, vide order dated 23.10.2009 (P-3). It has been specifically observed by the SDM that other factories are also located near Stelco Industries and, in fact, it is a private dispute. The factory has got the pollution certificate from the Pollution Control Board.

4. The petitioner has also alleged that the Pollution Control Board has granted No Objection Certificate to the respondent No. 4 industry without ascertaining the true facts. Even it has not obtained the requisite permission for Change of Land Use (CLU) from the Department of Town and Country Planning before applying the clearance certificate and various consents under the statutes dealing with Air and Water pollution. It does not conform to the terms and conditions imposed for establishment of new industries and enlargement of old industries, which have been placed on record (P-4). According to the petitioner, Stelco Industriesrespondent No. 4 is undergoing expansion by forcibly taking the lands of small farmers or whose land adjoins the existing factory, therefore, effective steps are required to be initiated for its reallocation.

5. On 25.3.2011, a detailed written statement was filed on behalf of the Punjab Pollution Control Board-respondent No. 5 (for brevity, ‘the Board’). In the preliminary submissions it has been asserted that on 6.10.1995, Stelco Industries Limited-respondent No. 4 was granted No Objection Certificate for the establishment of an industrial plan for production of 10 TPD of Cold Rolled Steel Trips (R-5/A). It was also granted consents to operate under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 (for brevity, ‘Water Act’ and ‘Air Act’ respectively), which were valid up to 31.5.2011. Various documents have also been placed on record showing that the Stelco Industries Limited-respondent No. 4 conforms to the standards laid down by the Board. It has fu