_________________________________________________ vs State Of H.P. Through Its ...

                                                 1

                IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                                    CWP No. 933 of 2023




                                                                                    .
                                                                  Decided on: 06.03.2023





        _________________________________________________
        M/s Maheswar Stone Washing & Crushing Industries
                                                                                 ....Petitioner
                                              Versus





        State of H.P. Through its Secretary (Industries) & Ors
                                                                             ...Respondents
        ______________________________________________________________
        Coram





        The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
        The Hon'ble Mr. Justice Virender Singh, Judge.
        Whether approved for reporting?1 No

        ___________________________________________________________

        For the petitioner            :              Mr. Sumeet Raj Sharma and Mr.

                                                     Ritu Raj Sharma, Advocates.

        For the respondents               :          Mr. Anup Rattan, Advocate
                                                     General with Mr. I.N. Mehta &


                                                     Mr.    Y.W.    Chauhan,    Senior
                                                     Additional Advocate General with
                                                     Mr. J.S. Guleria Deputy Advocate
                                                     General and Mr. Rajat Chauhan,




                                                     Law Officer for respondents No. 1
                                                     and 2.





                                      Mr. Maan Singh, Advocate, for
                                      respondent No.3.
        _______________________________________________________________





        Tarlok Singh Chauhan, Judge (Oral)

The instant petition has been filed for grant of the following substantive reliefs:-

"a) Issue a writ in the nature of certiorari may kindly be issued and scrutiny details dated 08 Annexure P-2 may kindly be quashed and set aside.

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

b) issue a writ thereby directing the respondents to permit the petitioner to operate their Stone Crushers, which are .

existing prior to Notifications dated 29.5.14 by renewing to operate.

c) quash and set aside the order dated 29.10.18 passed by the Ld. NGT in O.A No. 358/2016 titled as Bhag Singh vs. UOI & Ors.

2. The respondent Pollution Control Board has placed on record instructions which reveal that the case of the petitioner for renewal of the crusher unit has been rejected primarily on account of the orders passed by NGT in OA No. 358 of 2016 titled as Bhag Singh versus Union of India and Ors.

3. Now that the legal position regarding the order passed in Bhag Singh's case (supra) stands clarified in the order passed by this bench in CWP No. 3711 of 2021 titled as M/s Ghangal Stone Crusher vs. State of Himachal Pradesh & Ors, decided on 16.08.2021, the present petition is disposed of with a direction to the respondent to consider the application submitted by the petitioner for the renewal of stone crusher strictly in accordance with the orders within a period of four weeks' from today.

4. For compliance, to come up on 3rd April, 2023.

.

(Tarlok Singh Chauhan) Judge (Virender Singh) Judge 6th March, 2023 (himani) r ::: Downloaded on - 06/03/2023 20:33:18 :::CIS