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THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Himachal Pradesh High Court
Cwpil No.269 Of 2017 vs Unknown on 19 December, 2017
Bench: Honourable Mr. Justice, Honourable Mr. Goel

CWPIL No.269 of 2017 .

19.12.2017 Present: Ms.Jyotsna Rewal Dua, Senior Advocate, as Amicus Curiae with Ms.Charu Bhatnagar, Advocate.

Mr.Shrawan Dogra, Advocate General, with Mr.Anup Rattan, Mr.Varun Chandel, Additional Advocate Generals and Mr.J.K. Verma & Mr.Kush Sharma, Deputy Advocate Generals, for the respondents-State.

Mr.Rahul Mahajan, Advocate for Indian Railways.

Mr.Tara Singh Chauhan, Advocate, for respondent-Pollution Control Board.

Mr.Sanjeev Kuthiala, Advocate, for respondent No.1-Municipal Council Parwanoo.

Mr.Vivek Sharma, Advocate, for respondent No.8-Electricity Board.

Mr.C.N. Singh, Advocate, for respondent No.12.

Mr.Hamender Singh Chandel, Advocate, for Municipal Corporation, Shimla.

Mr.Adarsh K. Vashishta, Advocate, for applicants in CMP Nos.10808, 10809, 10810, 10811, 10812 and 10813 of 2017.

Ms.Ruma Kaushik, Advocate, for applicants in CMP Nos. 10832 and 10833 of 2017.

CMP Nos.10808, 10809, 10810, 10811, 10812, 10813, 10832 and 10833 of 2017 Applications stand disposed of, with the following mutually agreed directions:

(a) Applicants shall approach the Pollution Control Board/Department of Tourism, ::: Downloaded on - 21/12/2017 23:04:40 :::HCHP indicating the remedial measures taken for .

ensuring the Unit is to be compliant of all Environmental Laws and State Laws.

(b) We are hopeful that the Pollution Control Board/Department of Tourism shall consider the applications expeditiously, in accordance with law, and take appropriate decision, ensuring strict compliance of the provisions of the Environmental Laws and more specifically that of Water (Prevention and Control of Pollution) Act, 1974; Municipal Solid Waste Management and Handling Rules, 2016; and Air (Prevention and Control of Pollution) Act, 1981 and Himachal Pradesh Tourism Development Registration Act, 2002.

(c) Further the day the applicants file the application(s), the authority shall carry out the inspection same day. If it is found that the applicants have complied with the directions issued by this court and the laws of the land, their applications shall be considered favourably, in accordance with law, and water & electricity connections restored.

Registry is directed to remove applications from the main file and place it in a separate file.

Copy dasti.


                                             ( Sanjay Karol )
                                            Acting Chief Justice


     December 19, 2017                       ( Ajay Mohan Goel )
         (vt)                                      Judge




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