IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2926 of 2018 a/w .

CWP Nos. 2931, 2943 and 2969 of 2018.

Decided on 11.1.2019.

CWP No. 2926 of 2018

1. M/s. Shankar Stone Crusher ...Petitioner.

Versus State of Himachal Pradesh and others ... Respondents. .................................................................................... CWP No. 2931 of 2018

2. M/s. Ambe Stone Crusher and others ...Petitioners.

Versus State of Himachal Pradesh and others ... Respondents.

.................................................................................... CWP No. 2943 of 2018

3. Ganesh Dutt Sharma ...Petitioner.

Versus State of Himachal Pradesh and others ... Respondents.

.................................................................................... CWP No. 2969 of 2018

4. M/s. Shiva Stone Crusher ...Petitioner.

Versus State of Himachal Pradesh and others ... Respondents.

.................................................................................... Coram The Hon'ble Mr. Justice Surya Kant, Chief Justice.

The Hon'ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For petitioner(s) : Ms. Jyotsna Rewal Dua, Sr. Advocate with Ms. Charu Bhatnagar, Advocate, Mr. Vinay Kuthiala, Sr. Advocate with Mr. Vir Bahadur Verma, Advocate and M/s.

Rajnish Maniktala and Priyanka Verma, Advocates for respective petitioners in all the petitions.

1

Whether reporters of the local papers may be allowed to see the judgment?

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For the respondents : Mr. K.D. Shreedhar, Sr. Advocate with Ms. Shreya Chauhan, Advocate for respondent No.1 in all the cases.

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Mr. Maan Singh, Advocate for respondent No. 2 in CWPs No. 2926, 2931 and 2943 of 2018 and Mr. Sudhir Thakur, Advocate, for respondent No.2 in CWP No. 2969 of 2018.

Surya Kant, Chief Justice (Oral).

This order shall dispose of Civil Writ Petitions No. 2926, 2931, 2943 and 2969 of 2018. The petitioner(s) in these cases are aggrieved by the Order dated 2.11.2018 and 12.11.2018 issued by the H.P. State Pollution Control Board in purported compliance of the order dated 29th October, 2018, passed by the National Green Tribunal (NGT) in Original Application No. 358 of 2016, a copy of which has been appended as Annexure P-14 with the lead case.

2. Vide the impugned Notice, the State Pollution Control Board has asked the petitioner-Stone Crusher Units to ensure the compliance of the NGT order dated 29 th October, 2018 and submit the compliance report within seven days, failing which the Board shall be constrained to initiate legal action against them under the provisions of the Water (Prevention and Control of Pollution)Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 at their own costs and risk.

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3. It is not disputed by counsel for the parties that some of the Stone Crusher Units as well as State of Himachal Pradesh .

challenged the order of the NGT dated 29 th October, 2018, before the Hon'ble Supreme Court in Civil Appeal No. 94 of 2019 and connected appeals. These appeals have been disposed of by the Hon'ble Supreme Court vide order dated 7.1.2019, the operative part of which reads as follows :-

"In the circumstances, we are of the view that it would be appropriate to grant liberty to both the private parties represented in the appeals as well as the State Government to move the Tribunal either by way of review or for a suitable modification of the order on the merits on which we express no opinion.

In the meantime, we defer the enforcement of the directions which have been issued by the Tribunal by a period of three months from today so as to enable all the parties to move the Tribunal in appropriate proceedings.

We grant liberty to the parties to move this Court afresh after the disposal of the proceedings before the Tribunal. The parties can also raise the grounds which have been raised in the present proceedings.

The appeals are disposed of in the above terms. No costs."

4. The petitioners though were not amongst the Stone Crusher Units who approached the Hon'ble Supreme Court, nonetheless, we are of the view that to avoid multiplicity of litigation, they too can be extended the protection of the order dated 7.1.2019 passed by the Apex Court. These writ petitions are accordingly disposed of in terms of the order dated 7.1.2019 of the Hon'ble ::: Downloaded on - 14/01/2019 23:02:28 :::HCHP 4 Supreme Court with the same liberty and protection as has been granted to the similarly placed Stone-Crushers.

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The writ petitions stand disposed of in above terms, so also pending miscellaneous application(s), if any.

(Surya Kant) Chief Justice (Ajay Mohan Goel) Judge 11th January, 2019 (Guleria) ::: Downloaded on - 14/01/2019 23:02:28 :::HCHP