Mr. Jasbir Singh, ACJ.: (Oral) - In this writ petition, it is stated that a large number of industrial units in the District Ludhiana are not complying with the provisions of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as “the 1974 Act”) and Air (Prevention and Control of Pollution) Act, 1981.

2. Taking notice of the averments made in this writ petition, notice of motion was issued on 22.5.2009. Counsel for respondent No.3- Punjab Pollution Control Board (hereinafter referred to as “the Board”) was directed to file a specific affidavit as to whether any proceedings have been initiated for violation of Sections 25 and 26 of the 1974 Act against the hotels, restaurants and resorts etc. discharging sewage/trade effluent into a stream or a well or sewer or on land. It was further directed that in case no such action has been taken against those violating the requirements of the statutes mentioned above, the reasons for the failure to do so shall also be indicated in the affidavit. Thereafter, many orders were passed. Affidavits were filed by the officials of the Board stating therein as to how many industries not complying with the provisions of Sections 25 and 26 of the 1974 Act have been identified and also as to what action has been taken against those polluting units.

3. On the last date of hearing i.e. on 28.2.2012, the following order was passed by this Court.

“We have perused the affidavit dated 19.12.2011 filed by the Environmental Engineer, Regional Office-II, Ludhiana of the Punjab Pollution Control Board. We have taken note of the steps that have been stated to have been taken against the polluting industrial units under the provisions of the Water (Prevention and Control of Pollution) Act, 1974. Shri D.S. Patwalia, learned counsel for the Punjab Pollution Control Board has prayed for further time to complete the exercise that is to be undertaken and inform the Court of the further developments in the matter.

On due consideration of what has been stated in the affidavit dated 19.12.2011 and after hearing Shri D.S. Patwalia as well as the learned counsel for the petitioner we adjourn the case for three months by which time we would expect all necessary actions against the polluting industrial units to be completed. The result of the steps undertaken be laid before the Court by the Punjab Pollution Control Board on the next date fixed.”

4. In compliance to the above order, an affidavit has been filed by Rajeev Sharma, Environmental Engineer, Regional Office-II, Ludhiana, and relevant contents thereof read thus:-

“3. That in compliance to the orders of this Hon’ble Court, it is stated that the respondent Board continue to take action against the violating industries as and when such violations are observed during regular monitoring being carried out by the Board from time to time. The answering respondent had earlier filed an affidavit dated 19.12.2011 before this Hon’ble Court and the contents of the said affidavit dated 19.12.2011 may kindly be read as part of the present affidavit. Regarding the status of the polluting units as mentioned in the affidavit dated 19-12-11, 66 industrial units had not installed the necessary effluent treatment plants or taken adequate measures to control pollution. Presently, out of these 66 units, 21 units have closed their polluting/wet processes or have closed their units permanently. Out of the remaining operating units 14 units have installed their effluent treatment plants and 6 units have joined common effluent treatment plant (CETP) to get their effluent lifted for treatment. The balance 8 industrial units have been issued directions u/s 33-A of the Water (Prevention and Control of Pollution) Act, 1974 not to operate their polluting processes without installation of necessary effluent treatment plant and 7 units have been given directions for closure u/s 33-A of Water (Prevention and Control of Pollution) Act, 1974. The balance 10 units do