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Himachal Pradesh High Court

M/S Krishna Stone Crusher vs State Of H.P. & Others on 18 April, 2023

Bench: Tarlok Singh Chauhan, Virender Singh

                             1



    IN THE HIGH COURT OF HIMACHAL PRADESH AT
                     SHIMLA
                            CWP No. 2048 of 2023




                                                          .
                                     Decided on : 18.4.2023





    M/s Krishna Stone Crusher

                                                  ...Petitioner





                             Versus

    State of H.P. & others





                                         ...Respondents
    ____________________________________________________
    Coram
    Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge

    Hon'ble Mr. Justice Virender Singh, Judge

    Whether approved for reporting? No
    ________________________________________________

    For the petitioner : Mr.    Peeyush                       Verma,



                         Advocate.

    For the respondents : Mr. Anup Rattan, Advocate




                          General with Mr. Ramakant
                          Sharma,          Additional





                          Advocate General and Ms.
                          Priyanka Chauhan, Deputy
                          Advocate General, for the





                          respondents­State.

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




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    Per Tarlok Singh Chauhan, Judge (oral):

Issue notice. Ms. Priyanka Chauhan, learned .

Deputy Advocate General and Mr. Maan Singh, Advocate, appear and waive service of notice on behalf of the respondents No. 1 & 2 and respondent No. 3, respectively.

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

"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 application dated 13.3.2023, Annexure P-1 an renew the consent to operate of the petitioner in respect of his stone crusher in the name and style of M/s Krishna Stone Crusher, in terms of the notification dated 29.5.2014, 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 ::: Downloaded on - 19/04/2023 20:35:32 :::CIS 3 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 16.5.2023.

(Tarlok Singh Chauhan) Judge (Virender Singh) Judge 18.4.2023 Kalpana ::: Downloaded on - 19/04/2023 20:35:32 :::CIS 4 .