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Judgment
This application is a repeat application of O.A. No. 266/2020, Daljit Kaur v. State of Punjab & Ors. which was disposed of on 02.03.2021.
Only justification for filing the second application is that earlier application was filed by the mother of the applicant who expired and thus the report that there was no violation by M/s H.S. Automobiles could not be contested.
We are of the opinion that second application on the same issue is not maintainable. Moreover, in the report upon which the matter was earlier disposed it is stated that in case any pollution is found action will be taken as per law. Operative part of the order dated 02.03.2021 is quoted below:-
"1....xxx................................xxx.......................................xxx
Vide order dated 26.11.2020, a status report was sought from the State PCB. Accordingly, the State PCB has filed its report dated 24.12.2020 after visiting the site in question and also considering the response of the unit.
"9. That from the facts mentioned above, it is concluded that the reply to show cause notice submitted by M/s H.S Automobile is satisfactory and there is no violation of the orders of Hon'ble National Green Tribunal passed earlier in the cases related to the matter. However, it is submitted that in case the unit is found to be generating any type of pollution at any given time, appropriate action in accordance with the provisions of Law will be taken by the Punjab Pollution Control Board."
Thus, any violation can be first pointed out to the State PCB and against decision of the State PCB, further remedies can be taken as per law, if the grievance survives.
The application is accordingly disposed of.