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Judgment
The applicants-Kewal Krishan and others, who are residents of Haroli, Distt. Una, Himachal Pradesh, have sent the present letter petition, which has been treated as Original Application, with the prayer that no stone crusher be allowed to be established in the area.
The applicants have submitted that they have their land near sacred Swan river where they grow Paddy, Potatoes and seasonal vegetables etc. Haroli is a large village having SDM office, Civil Secretariat, various offices including Electricity Sub Division, IPH Sub Division, PWD Sub Division, Agriculture Office, Police Station, DSP Office, Treasury Office, Employment Exchange, Government Degree Collage, 2 Senior Secondary Schools, Post Office, 5 Banks, Civil Hospital, 2 big Gurudwaras and 2 big Temples. There is forest near the residential area and wild animals including deer, pigs, wild buffaloes visit Swan river to quench their thirst. There are rare medicinal plants in the area which are used for treatment. They have come to know that someone is planning to install stone crusher in the area of Swan River, Haroli. Due to operation of stone crusher, the water level may get depleted. The cancellation of NOC is pending in the office of SDM Haroli, District Una, Himachal Pradesh.
It may be observed that the averments made in the application are general and vague. The applicants have not mentioned the requisite details as to when, in which land and by whom the stone crusher is proposed to be established. The applicants have themselves mentioned in the application that the matter of cancellation of NOC is pending in the office of SDM Haroli, District Una, Himachal Pradesh which implies that NOC had already been granted yet the applicants have not given the requisite details when, by whom and to whom the NOC was granted. No order can be passed by this Tribunal without requisite details and without impleading and hearing the concerned project proponent. In any case, since admittedly the matter of cancellation of NOC is pending before SDM Haroli, District Una, Himachal Pradesh, present application filed for intervention by this Tribunal is premature and no action is required to be taken by this Tribunal at this stage.
However, SDM Haroli, District Una, Himachal Pradesh, before whom the matter of cancellation of NOC granted for establishment of stone crusher is stated to be pending, is directed to look into the matter and take appropriate action in accordance with the law.
In view of the above the application is disposed of without prejudice to filing of any fresh application, with requisite details and impleading of necessary parties, by the applicant before this Tribunal for appropriate relief if so warranted by subsequent developments.
A copy of this order be sent to SDM Haroli, District Una, Himachal Pradesh for requisite compliance.