Ashok Bhushan, Ag.CJ.
Heard the learned counsel for the petitioner, Standing Counsel appearing for respondents 5 and 6 as well as the learned Government Pleader.
2. By this Writ Petition, the petitioner has prayed for a mandamus directing respondents 1 and 2 to remove the unlawful assembly and the illegal and forcible obstructions by 5th and 6th respondents and their associates to the petitioner's industrial unit. Petitioner's case is that he has established an SSI industrial unit by name “Nalkara Wood Industries” after obtaining necessary permission from the Pollution Control Board. It is W.P. (C ) No. 31792 of 2014 2 submitted that the petitioner is not using any chemicals. Respondent No.5 and 6 has obstructed the running of the factory alleging that it is causing pollution and the foul smell emanating from the factory is affecting the health of the residents.
3. Learned counsel for respondents 5 and 6 further submits that the Panchayath has issued a stop memo and subsequently the Panchayath cancelled the permission against which Writ Petition No. 31099/2014 has been filed in which petition the petitioner has obtained an interim order and the said Writ Petition is still pending.
4. After hearing both sides, we of the view that, if permission has already been granted by the Pollution Control Board and the cancellation order by the Panchayath has already been stayed by this Court, the police authorities shall have to afford adequate protection for running the industrial unit which, however, shall be subject to the final result of Writ Petition 31099/2014. We further observe that respondents No.5 and 6 W.P. (C ) No. 31792 of 2014 3 shall be at liberty to bring to notice of the Pollution Control Board, if any pollution or other objectionable activities are being carried on and it is for the Pollution Control Board to look into the matter and take appropriate action in accordance with law.
With this observation, this Writ Petition is disposed of.
Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE ani/15/ Sd/- A.M.SHAFFIQUE, JUDGE /truecopy/ P.S.toJudge