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Himachal Pradesh High Court

Rajeshwar Singh Guleria vs State Of H.P. & Others on 20 June, 2023

Bench: Tarlok Singh Chauhan, Satyen Vaidya

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                        CWP No. 1272 of 2023.

                        Date of decision : 20.6.2023.
    Rajeshwar Singh Guleria                       ...Petitioner.




                                                                    .

                               Versus
    State of H.P. & others                                        ...Respondents
    Coram:





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.

    Whether approved for reporting?1





    For the petitioner       :             Mr. Deepak Kaushal, Sr. Advocate
                                           with   Mr.   Abhishek    Verma,
                                           Advocate.

    For the respondents          :         Mr. Anup Rattan, Advocate General

                                           with Ms. Sharmila Patial, Addl.
                                           A.G.


    Tarlok Singh Chauhan, Judge (Oral)

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

"i) That the respondent may kindly be directed to issue the PMT Provisional Registration Certificate to install the crusher in the area approved in favour of the petitioner which has been applied and recommended by the Joint Inspection Committee.

ii) That the respondent Sub Divisional Magistrate Kangra (SDO Civil) may be directed to sign the Site appraisal Report.

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

iii) In the alternative it is prayed that respondent No.4 may be directed to re-inspect the area within 30 days and submit the report."

.

2. On 4.4.2023, this Court passed the following order:-

"The Official-respondents are directed to inspect the site of stone crusher to ascertain as to whether the petitioner fulfills the parameters as have now been prescribed by the Department of Environment, Science & Technology, Government of Himachal Pradesh, vide Notification dated 29.6.2021. Such inspection r be carried out promptly within two weeks and report thereof be submitted by the next date of hearing."

3. The Site Appraisal Committee, comprising of nine members, has now inspected the site and in view of the site plan submitted by the Surveyor, HPPWD, Sub-Division Kangra and village Revenue Officer (Patwari), the site comprising in Khasra Nos. 1256/746, measuring 0-36-05 hectares, the same being fulfilling all the sitting parameters framed vide Notification dated 29.6.2021, why the respondents have not considered the case of the petitioner for issuance of PMT Provisional Registration Certificate to install the crusher in the area and thereafter consent to establish the stone crusher.

4. In the given facts of the case, we dispose of the writ petition by directing the respondents to consider the case of the ::: Downloaded on - 21/06/2023 20:32:08 :::CIS -3- petitioner for issuance of MPT Provisional Registration Certificate and thereafter for granting of consent to operate the .

stone crusher of the petitioner. This entire exercise be completed within six weeks from today. Pending applications, if any, also stand disposed of.

For compliance to come up on 1.8.2023.

                    r           to             (Tarlok Singh Chauhan)
                                                     Judge.

                                                (Satyen Vaidya)
    20th June, 2023                                 Judge
           (kck)








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