Himachal Pradesh High Court
M/S Uma Stone Crusher vs State Of H.P. & Ors on 31 May, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 3375 of 2023
.
Decided on: 31.05.2023
M/s Uma Stone Crusher ...Petitioner
Versus
State of H.P. & Ors. ...Respondents
Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting? 1 No.
For the Petitioner : Mr. Ganesh Barowalia & Mr. Gambhir Singh
Chauhan, Advocate.
For the Respondents : Mr. Anup Rattan, A.G. with Mr. Y. W.
Chauhan, Sr. Addl. A.G., Mr. Ramakant
Sharma, Ms. Sharmila Patiyal, Addl. A.Gs.,
Ms. Priyanka Chauhan, Dy. A.G. 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)
Notice. Mr. Ramakant Sharma, learned Additional Advocate General and Mr. Maan Singh, learned Advocate, appear and waive service of notice on behalf of the respective respondents.
2. The instant petition has been filed for grant of the following substantive relief:-
"i) Kindly call for the records of the case and issue appropriate writ, orders or directions, in favour of the petitioner, directing the respondents to consider the 1 Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 01/06/2023 20:31:35 :::CIS 2 application dated 01.05.2023, Annexure P-1 and renew the consent to operate of the petitioner in respect of his .
stone crusher in the name and style of M/s Uma Stone Crusher, in terms of the notification dated 29.05.2014, applicable in the case of the petitioner.
3. 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.
4. 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 respondents 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.
5. For compliance, to come up on 05.07.2023.
(Tarlok Singh Chauhan)
Judge
(Virender Singh)
31st May, 2023(sanjeev) Judge
::: Downloaded on - 01/06/2023 20:31:35 :::CIS