M/S Kehloor Stone Crusher Village Neri vs State Of Himachal Pradesh Through Additional Chief Secretary And Others

Tarlok Singh Chauhan, J

Notice. Mr. Rajinder Dogra, learned Senior Additional Advocate General and Mr. Maan Singh, Advocate appear and waive service of notice on behalf of respective respondents.

The instant petition has been filed for grant of following substantive reliefs:-

"a) That the respondent No.3 may kindly be directed to grant consent to operate to the petitioner in view of directions issued by this Hon'ble Court in CWP No. 4556 of 2020 titled Jiwan Industries vs. Himachal Pradesh State Pollution Control Board

b). That the respondents may be directed to take a decision on the application filed by the petitioner for the grant of Consent to operate."

The respondent-Pollution Control Board has placed on record instructions which reveal that the case of the petitioner for renewal to the crusher unit has been rejected primarily on account of the orders passed by the National Green Tribunal in OA No. 358 of 2016 titled as Bhag Singh versus Union of India and Ors.

Now that the legal position regarding the order passed in Bhag Singh's case stands clarified in the order passed by this Court in CWP No. 3711 of 2021 titled as M/s Ghangal Stone Crusher vs. State of Himachal Pradesh & Ors. decided on 16.08.2021, therefore, the instant petition is disposed of with a direction to the respondents to reconsider the application submitted by the petitioner for the renewal of stone crusher strictly in accordance with the orders clarified in CWP No. 3711 of 2021 within a period of four weeks' from today.

For compliance to come up on 24.11.2021.

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