WPMS/2400/2021
2021 Latest Caselaw 4622 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
      ON THE 17th DAY OF NOVEMBER, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2400 of 2021
BETWEEN:
M/s Maa Shitla Trading                                       ...Petitioner
      (Mr. Rajeev Singh Bisht, Advocate)

AND:

State of Uttarakhand and Others                          ...Respondents
      (Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the State)

                            JUDGMENT

Petitioner wants to set-up a stone crusher at Village Kherni, Tehsil Betal Ghat, District Nainital for which purpose, he has made an application on 23.06.2021.

2. By means of this writ petition, petitioner has sought a direction to the respondents to immediately process the said application.

3. Learned Standing Counsel submits that certain norms have been prescribed by the State Government for establishment of stone crushers, thus before granting licence to establish a stone crusher, inspections have to be made and various other aspects have to be gone into, to ensure that the stone crusher, upon establishment do not cause nuisance to

persons residing in the locality. Thus, according to him, the writ petition is premature, as petitioner has applied only in the month of June, 2021 and has filed this writ petition within five months of his making application.

4. Be that as it may, since petitioner has moved an application, therefore, it has to be considered as per the prevailing policy.

5. Accordingly, the writ petition is disposed of with a direction to District Magistrate, Nainital to consider petitioner's application as early as possible, but not later than 12 months.

6. Before taking any decision on petitioner's application, District Magistrate shall give public hearing to all stake-holders, including residents of the concerned village, within six weeks. For this purpose, he may depute an officer, not below the rank of Sub- Divisional Magistrate.

(MANOJ KUMAR TIWARI, J.) Shubham