Gurmeet Singh Vs the State of Hp and Others — Himachal Pradesh HC (2024) — LawSathi Research

Gurmeet Singh Vs the State of Hp and Others — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.4 to re-consider the case of the petitioner for grant of Consent to Operate to the petitioner's stone crusher in light of judgment dated 16.08.2021 rendered in CWP No.3711 of 2021 (M/s Ghangal Stone Crusher and others Versus State of Himachal Pradesh and others) and other connected matters, in accordance with law, within four weeks; the decision so taken to be communicated to the petitioner; pending miscellaneous application(s), if any, to stand disposed of.

Issue for consideration

Whether the petitioner's stone crushers existing prior to Notification dated 29.05.2014 should be permitted to operate through renewal/grant of Consent to Operate (application made on 05.12.2023), including a direction to respondent No.4 to grant consent in terms of the directions passed in CWP No.3711 of 2021.

Ratio / Principle

Looking to the submissions but without going into the merits of the case, the writ petition is disposed of with a direction to respondent No.4 to re-consider the case of the petitioner for grant of Consent to Operate in accordance with law, within a period of four weeks.

Key takeaways

The reconsideration by respondent No.4 is to be carried out in light of the judgment dated 16.08.2021 rendered in CWP No.3711 of 2021 (M/s Ghangal Stone Crusher and others Versus State of Himachal Pradesh and others) and other connected matters.ratio¶19
The decision so taken by respondent No.4 shall be communicated to the petitioner.ratio¶20

Detailed headnote1 paragraphs

Writ petition (CWP No.9214 of 2024, decided 03.09.2024, Jyotsna Rewal Dua J.) filed by Gurmeet Singh seeking a mandamus directing the respondents to permit operation of his stone crushers existing prior to Notification dated 29.05.2014 by renewing the consent to operate applied for on 05.12.2023, and a direction to respondent No.4 to grant consent to operate in terms of the directions passed in CWP No.3711 of 2021 (M/s Ghangal Stone Crusher and others Versus State of Himachal Pradesh and others). Learned counsel for the petitioner submitted that the issue and reliefs had already been considered and decided by judgment dated 16.08.2021 in CWP No.3711 of 2021 alongwith connected matters, and that he would be satisfied if respondent No.4-State Pollution Control Board were directed to reconsider the case for grant of Consent to Operate in light of that judgment; counsel for respondent No.4 raised no objection. Without going into the merits, the Court disposed of the writ petition directing respondent No.4 to re-consider the petitioner's case for grant of Consent to Operate in light of the judgment dated 16.08.2021 in CWP No.3711 of 2021 and other connected matters, in accordance with law, within four weeks, and to communicate the decision so taken to the petitioner. Pending miscellaneous application(s), if any, stood disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.9214 of 2024

Decided on: 3^rd September, 2024.

_________________________________________________________________ Gurmeet Singh ....Petitioner Versus State of H.P. & Ors …Respondents ________________________________________________________________ Coram_

Ms. Justice Jyotsna Rewal Dua,

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner: Mr. Aditya Chouhan, Advocate. For the respondents: Mr. Y.P.S.Dhaulta and Mr. L.N. Sharma, Additional Advocates General, for respondents No. 1 to 3. Mr. Dhiraj Thakur, Advocate, for respondent No.4.

Jyotsna Rewal Dua, Judge

Notice. Mr. Y. P. S. Dhaulta, learned Additional Advocate General and Mr. Dhiraj Thakur, learned Standing Counsel, appear and waive service of notice on behalf of the respondents No. 1 to 3 and respondent No.4, respectively.

2. This writ petition has been filed for grant of following substantive reliefs: -

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

2 -

“(i). That a writ in the nature of mandamus may kindly be issued thereby directing the respondents to permit the petitioner to operate his Stone Crushers which are existing prior to Notification dated 29.05.2014 by renewing consent to operate which was applied on 05.12.2023.

(ii) That a direction be issued to the respondents No.4 to grant consent to operate to the stone crusher unit of the petitioner in terms of directions passed by this Hon’ble Court dated 16.08.2021 in CWP No.3711 of 2021 titled M/s Ghangal Stone Crusher and others Versus State of Himachal Pradesh and others (Annexure P-3)”

3. Learned counsel for the petitioner contends that the issue raised in this writ petition and the reliefs prayed for the petitioner have already been considered and decided in judgment dated 16.08.2021, rendered in CWP No.3711 of 2021 (M/s Ghangal Stone Crusher and others Versus State of Himachal Pradesh and others) alongwith other connected matters . Learned counsel for the petitioner further submits that the petitioner would be satisfied in case respondent No.4-State Pollution Control Board is directed to re-consider the case of the petitioner for grant of Consent to Operate to the petitioner Stone Crusher in light of the aforesaid judgment. Learned counsel appearing for respondent No.4 has no objection for this prayer.

3 -

4. Looking to the above submission but without

going into the merits of the case, this writ petition is disposed of with a direction to respondent No.4 to re-consider the case of the petitioner for grant of Consent to Operate to

the petitioner Stone Crusher in light of judgment dated 16.08.2021, rendered in CWP No.3711 of 2021 (M/s Ghangal Stone Crusher and others Versus State of Himachal Pradesh and others) and other connected matters , in accordance with law, within a period of four weeks from today. Copy of

decision so taken be also communicated to the petitioner.

Pending miscellaneous application(s), if any, also

to stand disposed of.

Jyotsna Rewal Dua Judge

September 3, 2024 R.Atal