Association Stone Crusher vs Union Of India And Ors May Kindly Be
2021 Latest Caselaw 4988 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 19TH DAY OF OCTOBER, 2021

BEFORE

.

HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

& HON'BLE MR. JUSTICE SATYEN VAIDYA

CIVIL WRIT PETITION NO. 6416/2021

BETWEEN:

M/S MANORMA WORKER WELFARE

ASSOCIATION STONE CRUSHER, THROUGH ITS PROPRIETOR OM PRAKASH SHARMA, SON OF SHRI JOYATI PRAKASH,

AGE 62 YEARS, RESIDENT OF VILLAGE AND P.O. HURLA (KHADISERI),

TEHSIL BHUNTER, DISTRICT KULLU, H.P.

.... PETITIONER (BY SH. VIJAY CHAUDHARY, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY

(INDUSTRIES) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. PRINCIPAL SECRETARY, ENVIRONMENT, SCIENCE AND TECHNOLOGY, HIMACHAL PRADESH,

SHIMLA.

3. HIMACHAL PRADESH STATE POLLUTION CONTROL BOARD, THROUGH ITS MEMBER SECRETARY, PARYAVARAN BHAWAN, PHASE-III, NEW SHIMLA, HIMACHAL PRADESH.

....RESPONDENTS

(SH. ASHOK SHARMA, A.G. WITH SH. RAJINDER DOGRA, SR. ADDL. A.G., SH. SHIV PAL MANHANS, SH. VINOD THAKUR, ADDL. A.GS. AND SH. BHUPINDER THAKUR, DY.A.G. FOR R-1 & R-2) (SH. MAAN SINGH, ADVOCATE, FOR R-3)

CIVIL WRIT PETITION NO. 6417/2021

BETWEEN:

M/S CHATURBHUJ SCREENING PLANT (CHATARBHUJ STONE CRUSHER) THROUGH ITS PROPRIETOR

.

SHER SINGH,

SON OF SHRI NANDU RAM, AGE 50 YEARS, VILLAGE THARAS, P.O. HURLA, TEHSIL BHUNTER, DISTRICT KULLU, H.P.

.... PETITIONER (BY SH. VIJAY CHAUDHARY, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (INDUSTRIES) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2.

PRINCIPAL SECRETARY, ENVIRONMENT, SCIENCE AND

TECHNOLOGY, HIMACHAL PRADESH, SHIMLA.

3. HIMACHAL PRADESH STATE POLLUTION CONTROL BOARD,

THROUGH ITS MEMBER SECRETARY, PARYAVARAN BHAWAN, PHASE-III, NEW SHIMLA,

HIMACHAL PRADESH.

....RESPONDENTS

(SH. ASHOK SHARMA, A.G. WITH SH. RAJINDER DOGRA, SR. ADDL. A.G., SH. SHIV PAL MANHANS, SH. VINOD THAKUR, ADDL. A.GS. AND SH. BHUPINDER THAKUR, DY.A.G. FOR R-1

& R-2) (SH. VIR BAHADUR VERMA, ADVOCATE, FOR R-3)

CIVIL WRIT PETITION NO. 6418/2021

BETWEEN:

M/S GARGACHARTA STONE CRUSHER, THROUGH ITS PROPRIETOR VIJAY KUMAR, SON OF LATE SHRI KASTURI LAL, AGE 58 YEARS, VILLAGE AND P.O. LARJI, SUB-TEHSIL SAINJ, DISTRICT KULLU, H.P.

.... PETITIONER (BY SH. VIJAY CHAUDHARY, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (INDUSTRIES) TO THE GOVERNMENT OF

.

HIMACHAL PRADESH, SHIMLA-2.

2. PRINCIPAL SECRETARY, ENVIRONMENT, SCIENCE AND TECHNOLOGY, HIMACHAL PRADESH, SHIMLA.

3. HIMACHAL PRADESH STATE POLLUTION CONTROL BOARD, THROUGH ITS MEMBER SECRETARY, PARYAVARAN BHAWAN,

PHASE-III, NEW SHIMLA, HIMACHAL PRADESH.

....RESPONDENTS

(SH. ASHOK SHARMA, A.G. WITH SH. RAJINDER DOGRA, SR.

ADDL. A.G., SH. SHIV PAL MANHANS, SH. VINOD THAKUR,

ADDL. A.GS. AND SH. BHUPINDER THAKUR, DY.A.G. FOR R-1 & R-2) (SH. MAAN SINGH, ADVOCATE, FOR R-3)

CIVIL WRIT PETITION NO. 6424/2021

BETWEEN:

M/S DRISHTI STONE CRUSHER,

THROUGH ITS PROPRIETOR HITESHWAR SINGH,

SON OF MAHESHWAR SINGH, AGE 47 YEARS, RESIDENT OF RUPI PALACE, WARD NO.4, LOWER SULTANPUR, KULLU,

TEHSIL AND DISTRICT KULLU, H.P.

.... PETITIONER (BY SH. VIJAY CHAUDHARY, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (INDUSTRIES) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. PRINCIPAL SECRETARY, ENVIRONMENT, SCIENCE AND TECHNOLOGY, HIMACHAL PRADESH, SHIMLA.

3. HIMACHAL PRADESH STATE POLLUTION CONTROL BOARD,

THROUGH ITS MEMBER SECRETARY, PARYAVARAN BHAWAN, PHASE-III, NEW SHIMLA, HIMACHAL PRADESH.

....RESPONDENTS

.

(SH. ASHOK SHARMA, A.G. WITH SH. RAJINDER DOGRA, SR.

ADDL. A.G., SH. SHIV PAL MANHANS, SH. VINOD THAKUR, ADDL. A.GS. AND SH. BHUPINDER THAKUR, DY.A.G. FOR R-1 & R-2) (SH. MAAN SINGH, ADVOCATE, FOR R-3)

CIVIL WRIT PETITION NO. 6425/2021

BETWEEN:

M/S. ASHAPURI STONE CRUSHER, THROUGH ITS PROPRIETOR RAJINDER SINGH, SON OF LATE SHRI BAHADUR SINGH, AGE 56 YEARS, RESIDENT OF VILLAGE

AND P.O. HURLA,

TEHSIL BHUNTER, DISTRICT KULLU, H.P.

.... PETITIONER (BY SH. VIJAY CHAUDHARY, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY

(INDUSTRIES) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. PRINCIPAL SECRETARY, ENVIRONMENT, SCIENCE AND TECHNOLOGY, HIMACHAL PRADESH, SHIMLA.

3. HIMACHAL PRADESH STATE POLLUTION CONTROL BOARD, THROUGH ITS MEMBER SECRETARY, PARYAVARAN BHAWAN, PHASE-III, NEW SHIMLA, HIMACHAL PRADESH.

....RESPONDENTS

(SH. ASHOK SHARMA, A.G. WITH SH. RAJINDER DOGRA, SR. ADDL. A.G., SH. SHIV PAL MANHANS, SH. VINOD THAKUR, ADDL. A.GS. AND SH. BHUPINDER THAKUR, DY.A.G. FOR R-1 & R-2) (SH. MAAN SINGH, ADVOCATE, FOR R-3)

CIVIL WRIT PETITION NO. 6427/2021

BETWEEN:

M/S NAINA STONE CRUSHER,

.

THROUGH ITS PROPRIETOR

NARINDER GULERIA, SON OF LATE SHRI DHARAM CHAND, AGE 52 YEARS, RESIDENT OF VILLAGE LUNAPANI, P.O. BHANGROTU,

TEHSIL BALH, DISTRICT MANDI, H.P.

.... PETITIONER (BY SH. VIJAY CHAUDHARY, ADVOCATE)

AND

1. THROUGH ITS SECRETARY

STATE OF HIMACHAL PRADESH

(INDUSTRIES) TO THE GOVERNMENT OF

HIMACHAL PRADESH, SHIMLA-2.

2. PRINCIPAL SECRETARY, ENVIRONMENT, SCIENCE AND TECHNOLOGY, HIMACHAL PRADESH, SHIMLA.

3. HIMACHAL PRADESH STATE

POLLUTION CONTROL BOARD, THROUGH ITS MEMBER SECRETARY, PARYAVARAN BHAWAN,

PHASE-III, NEW SHIMLA, HIMACHAL PRADESH.

....RESPONDENTS

(SH. ASHOK SHARMA, A.G. WITH SH. RAJINDER DOGRA, SR. ADDL. A.G., SH. SHIV PAL MANHANS, SH. VINOD THAKUR,

ADDL. A.GS. AND SH. BHUPINDER THAKUR, DY.A.G. FOR R-1 & R-2) (SH. VIR BAHADUR VERMA, ADVOCATE, FOR R-3)

___________________________________________________________________

This petition coming on for admission before notice this

day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the

following:

ORDER

Since common questions of law and facts arise for

consideration in these petitions, the same were taken up together

.

for hearing and are being disposed of by a common judgment.

2. These petitions have been filed for grant of following

substantive reliefs: -

i) That a writ in the nature of certiorari may kindly be issued and communication dated 3.7.2021(Annexure P-12)

may kindly be quashed and set aside.

ii) That a writ in the nature of mandamus may kindly be issued thereby directing the respondents to permit the

petitioner to operate their Stone Crushers, which are

existing prior to Notifications dated 29.5.2014 by renewing consent to operate.

iii) That the order dated 29.10.2018 passed by the learned

National Green Tribunal in OA No. 358 of 2016 titled as Bhag Singh versus Union of India and ors may kindly be quashed and set aside.

3. The respondent-Pollution Control Board has placed on

record instructions which reveal that the case(s) of the

petitioner(s) for renewal to the crusher unit(s) have been rejected

primarily on account of the orders passed by the National Green

Tribunal in OA No. 358 of 2016 titled as Bhag Singh versus

Union of India and ors.

4. Now that the legal position regarding the orders

passed in Bhag Singh's case stands clarified in the order dated

16.8.2021 passed by this Bench in CWP No. 3711 of 2021

titled as M/s Ghangal Stone Crusher vs. State of Himachal

Pradesh & Ors., therefore, these writ petitions are disposed of

with a direction to the respondents to reconsider the

.

application(s) submitted by the petitioner(s) for the renewal of

stone crusher(s) strictly in accordance with the aforesaid order

within a period of four weeks from today. Pending application(s),

if any, also stands disposed of.

5. For compliance, to come up on 23.11.2021.

Copy dasti.

                        r            to         (Tarlok Singh Chauhan)
                                                        Judge

                                                    (Satyen Vaidya)
    19.10.2021                                           Judge
     (pankaj)