CWP/10886/2023 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No. 10886 of 2023

Decided on: 29.12.2023 Neelam Chandel

…Petitioner Versus State of H. P. & Ors. …Respondents

Coram:

Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting? 1 No. For the Petitioner : Mr. Aditya Chauhan, Advocate. For the Respondents : Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Mr. Y. W. Chauhan, Sr. Addl. A.Gs. with Mr. Rakesh Dhaulta, Ms. Sharmila Patial and Mr. Navlesh Verma, Addl. A.Gs. for respondents-State. Mr. Dheeraj Thakur, Advocate, for respondent No. 4. Tarlok Singh Chauhan, Judge (Oral) Issue notice. Ms. Sharmila Patial, learned Additional Advocate General and Mr. Dheeraj Thakur, 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 reliefs:- A) That a writ in the nature of mandamus may kindly be issued thereby directing the respondents to permit the petitioner to operate her Stone Crusher, which are 1 Whether reporters of the local papers may be allowed to see the judgment? yes

existing prior to Notification dated 29.05.2014 by renewing consent to operate, which was applied on 14.11.2023. B) That the order dated 29.10.2018 (Annexure P-2) passed by the learned National Green Tribunal in OA No. 358/2016, titled Bhag Singh vs. Union of India, may kindly be quashed and set aside.

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. CMP No. 19714 of 2023

5. In view of the disposal of the main petition, the instant application has been rendered infructuous and is disposed of as such.

6. For compliance, to come up on 01.03.2024. (Tarlok Singh Chauhan)

Judge (Satyen Vaidya) 29th December, 2023 (sanjeev) Judge