In a writ petition challenging the cancellation of a No Objection Certificate for a poultry farm, the court held the matter infructuous after the issuing authority communicated the cancellation to the relevant party.
Petition declared infructuous and disposed of with liberty to agitate the issue subsequently.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No.962 of 2017 Date of Decision: 24.08.2017
____ Jagir Singh …..Petitioner.
Versus State of H.P. & others Coram:
...Respondents.
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon’ble Mr. Justice Sandeep Sharma, Judge .
Whether approved for reporting?
For the Petitioner: Mr. Subhash Sharma, Advocate. For the Respondents: Mr. Shrawan Dogra, Advocate General, with Mr. Anup Rattan & Mr. Romesh Verma, Additional Advocate Generals and Mr. J.K.Verma and Mr. Kush Sharma, Deputy Advocate Generals, for respondents No. 1 and 3.
Mr. Manish Sharma, Advocate, for respondent No.2. Mr. Sanjeev Sharma, Advocate, for respondent No.4.
Mr. Sunny Modgil, Advocate, for respondent No.5.
Sanjay Karol, ACJ. (oral)
From the affidavit that of Executive Officer, Municipal Council, Santokhgarh, District Una, H.P., relevant portion whereof is reproduced herein under:-
“ It is humbly submitted on behalf of the replying respondent that in pursuance to the guidelines issued by the Central Pollution Control Board regarding establishing the poultry farm, the copy of which has been received by the replying respondent on 23.02.2017. The replying respondent immediately
…2…
thereafter has convened emergency meeting on 06.03.2017 and vide resolution No.190, dated 06.03.2017, the No Objection Certificate(NOC) issued by the replying respondent vide resolution No.127(3), dated 28.10.2016 has been cancelled. Thereafter, the replying respondent vide Annexure P-18, letter No.MCS/Reso./17/1412, dated 21.03.2017 has conveyed its decision taken vide resolution No.190, dated 06.03.2017 to Shri Kewal Krishan, i.e., respondent No.5.”
it is quite apparent that No Objection Certificate issued for operating the unit by respondent No.5 (Sh. Kewal Krishan), stands cancelled.
Pending application(s), if any, also stand disposed of
accordingly.
( Sanjay Karol), Acting Chief Justice
24th August, 2017 ( Sandeep Sharma ), ( shankar) Judge.
Jagir Singh
State of H.P.
Kewal Krishan
Sanjay Karol
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
