HARBINDER SINGH SEKHON & ORS. versus THE STATE OF PUNJAB & ORS.

HARBINDER SINGH SEKHON & ORS. versus THE STATE OF PUNJAB & ORS.

The CLU dated 13.12.2021 was unlawful because the site was zoned rural agricultural under the operative Master Plan and the PRTPD Act prescribes that any alteration of land use must follow the statutory procedure (ss.70,75,76); the Planning Board's approval on 05.01.2022 could not retrospectively cure the jurisdictional defect or operate as an amendment of the Master Plan without compliance with the statutory revision process; siting norms and prior environmental clearance requirements were not satisfied; consequently the CLU and related pollution consent (insofar as based on it) were quashed; separately, CPCB's January 2025 reclassification of a stand-alone grinding unit from Red to...

Parties
Appellants / Petitioners: Harbinder Singh Sekhon & Ors.; Appellant / Writ Petitioner: Vasant Valley Public School; Respondents: The State of Punjab & Ors.; Respondent No. 9 / Project Proponent: Shree Cement North Private Limited
Jurisdiction
India
Judgment Date
13 February 2026
Procedural Posture
Civil Appeal / Final Judgment on Appeal and Disposal of Writ Petitions Under Article 32
Outcome
Appeals allowed; High Court judgment set aside; Writ petitions allowed in part
Legal Topics
Change of Land Use, Master Plan Alteration and Revision, Siting Norms and Buffers, Environmental Clearance (eia Notification, 2006), Industrial Categorisation, Precautionary Principle, Articles 14 and 21
Environmental Law Land Use Planning Administrative Law Constitutional Law Change of Land Use Master Plan Alteration and Revision Siting Norms and Buffers Environmental Clearance (eia Notification, 2006) +3 more

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Parties

Harbinder Singh Sekhon & Ors.

Appellants / Petitioners

Vasant Valley Public School

Appellant / Writ Petitioner

The State of Punjab & Ors.

Respondents

Shree Cement North Private Limited

Respondent No. 9 / Project Proponent

Procedural Posture

Civil Appeal / Final Judgment on Appeal and Disposal of Writ Petitions Under Article 32

Legal Issues

  1. 1 Whether the CLU dated 13.12.2021 could be granted when the site fell in a rural agricultural zone under the Master Plan for Sangrur
  2. 2 Whether the approval recorded on 05.01.2022 by the Punjab Regional and Town Planning and Development Board could cure the defect in the CLU and operate as an alteration/amendment of the Master Plan under the PRTPD Act
  3. 3 Whether siting norms and environmental safeguards including PPCB notification dated 02.09.1998 and requirements under the EIA Notification, 2006 were complied with; and whether CPCB's January 2025 reclassification and MoEF&CC Notifications GSR 84E and GSR 85E (Jan 2025) reclassifying stand-alone grinding units could be sustained

Ratio Decidendi

The CLU dated 13.12.2021 was unlawful because the site was zoned rural agricultural under the operative Master Plan and the PRTPD Act prescribes that any alteration of land use must follow the statutory procedure (ss.70,75,76); the Planning Board's approval on 05.01.2022 could not retrospectively cure the jurisdictional defect or operate as an amendment of the Master Plan without compliance with the statutory revision process; siting norms and prior environmental clearance requirements were not satisfied; consequently the CLU and related pollution consent (insofar as based on it) were quashed; separately, CPCB's January 2025 reclassification of a stand-alone grinding unit from Red to...

Court Disposition

Appeals allowed; High Court judgment set aside; Writ petitions allowed in part

Orders

  • The common judgment and order dated 29.02.2024 of the High Court of Punjab & Haryana in CWP No.20134 of 2022 and CWP No.18676 of 2022 is set aside
  • Change of Land Use dated 13.12.2021 granted in favour of Respondent No.9 (Shree Cement North Private Limited) is quashed