Disposed

Mohan Sharma vs

NGT18 Dec 2024Original Application No. 1294/2024

Case brief

AI extract

What is this about?

The National Green Tribunal allowed an impleadment application and disposed of a requesting inspection of stone crushers in Himachal Pradesh, deferring the environmental inquiry to a pending writ petition before the High Court of Himachal Pradesh.

What did the court decide?

Impleadment allowed; subsequent inspection ordered by NGT directed to be stayed when done; IAs disposed of as infructuous pending HC.

Mohan Sharma vs — Environment and Pollution | NGT (2024)

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Items No.01 & 02

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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I.A. No.663/2024 & I.A. No.664/2024 IN (Original Application No.1294/2024)

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Mohan Sharma Applicant

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Versus

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State of Himachal Pradesh and others Respondents

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Date of hearing: 18.12.2024

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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A pplicant: None for the applicant.

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Respondents: Ms. Neelakshi Bhadauria, Mr. Sarthak Karol and Mr. Rajat Awasthy, Advocates for the Project Proponents (Applicants in I.A. No.663 of 2024 and I.A. no. 664 of 2024).

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ORDER

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Mohan Lal son of Jagat Ram resident of Village Panjehra, Tehsil Nalagarh, District Solan and State of Himachal Pradesh has sent a letter petition dated 08.03.2024, which has been treated and registered as O.A. No. 1294/2024, complaining about illegal mining and operation of stone crushers in the area of Tehsil Nalagarh, District Solan, State of Himachal Pradesh in violation of environmental norms.

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The applicant has submitted that following stone crushers are operating in fragment violation of HPSPCB regulations:-

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i. M/s. Saini Grit Udyog, Prop. Sh. Kulwant Singh, S/o Sh. Rakha Singh, Village Nawan Gram, P.O. Panjehra, Tehsil Nalagarh, District Solan, H.P.

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ii. M/s. Changar Stone Crusher, Prop. Sh. Ram Swaroop, Village Andorala Uparala, P.O. Panjehra, Tehsil Nalagarh, District Solan, H.P.

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iii. M/s. Rohani Stone Crusher, Prop. Smt. Roshani Devi, W/o Late Sh. Hakam Ram, Village & P.O. Khera, Tehsil Nalagarh, District Solan, H.P.

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iv. M/s. Thakar Rohani Stone Crusher, Prop. Sh. Anchit Thakur, Village Nayagram, P.O. Jhajra, Tehsil Nalagarh, District Solan, H.P.

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v. M/s. Jai Mata Stone Crusher, Prop. Sh. Mohan Singh, Village Naya Gram P.O. Jhajra, Tehsil Nalagarh, District Solan, H.P.

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vi. M/s. Nalagarh Stone Cruher, Prop. Sh. Bidhi Chand, Village Naya Gram, P.O. Jhajra, Tehsil Nalagarh, District Solan, H.P.

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vii. M/s. R.P. Enterprises, Prop. Sh. Bidhi Chand, Village Naya Gram, P.O. Jhajra, Tehsil Nalagarh, District Solan, H.P.

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viii. M/s. Shivalik Stone Crusher, Prop. Sh. Guljar Mohammed, S/o. Sh. Hukamdeen, Village Baglehar, P.O. Panjehra, Tehsil Nalagarh, Distt. Solan, H.P.

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ix. M/s. Lakhvinder Stone Crusher, Shri Himanshu Sharma, Village Dolowal, P.O. Bhogpur, Tehsil Nalagarh, District Solan, H.P.

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The applicant has further submitted that complaints were made to the concerned authority but no action has been taken on the same.

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This Tribunal, vide order dated 25.11.2024, took cognizance and constituted a Joint Committee with direction to visit the stone crushers named therein and submit its report.

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The Stone crushers at serial no. i to ix above have filed I.A. No.663 of 2024 for their impleadment as respondents. In view of the facts and circumstances mentioned I.A. No.663 of 2024 is allowed and the above said stone crushers are impleaded as respondents no. 2 to 10. The Registry is directed to prepare and attach memo of parties to the application.

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Respondents no. 2 to 10 have filed I.A. No.664 of 2024 for recalling the impugned order dated 25.11.2024 and disposal of O.A. No. 1294/2024 as infructuous on the grounds that before sending the letter petition, on

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the basis of which the present O.A. has been registered, the applicantMohan Lal filed CW PIL No.65 of 2023 titled as Handur Paryavaran Mitra Sanstha through its President Mohan Lal Versus State of Himachal Pradesh and Others before Hon’ble High Court of Himachal Pradesh as President of Handur Paryavaran Mitra Sanstha. Copies of interim orders passed by Hon’ble High Court in the above said writ petition have also been enclosed by respondents no. 2 to 10 with I.A. No.664/2024 by respondents no.2 to 10 which show that above mentioned writ petition is pending before Hon’ble High Court of Himachal Pradesh.

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Since the reliefs prayed for in the present O.A. are identical to the reliefs prayed for in the above said writ petition and Hon’ble High Court of Himachal Pradesh is already seized with the matter, we do not consider it appropriate to proceed further with the present original application and O.A. No. 1294/2024 and I.A. No.664/2024 are disposed of accordingly.

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The Joint Committee constituted by this Tribunal is also directed not to proceed further with inspection of the Stone Crushers and submission of its report, if not already done as the environmental questions involved will abide by adjudication thereof by Hon’ble High Court of Himachal Pradesh.

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A copy of this order be sent to the Deputy Commissioner, Solan and the Members of the Joint Committee for information/compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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December 18^th , 2024 I.A. Nos. 663 & 664/2024 M

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Mohan Sharma vs

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Mohan Sharma vs

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