2025:HHC:6395 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4141 of 2024 Decided on: 18.03.2025 Aman … Petitioner Versus National Highway Authority of India & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Anil Kumar, Advocate. For the respondents : Mr. K.D. Shreedhar, Senior Advocate, with Ms. Shreya Chauhan, Advocate, for respondent No.1. Mr. Sandeep Dutta, Advocate, for respondent No.2. Mr. Rajpal Thakur, Additional Advocate General, for respondents No.3 and 4-State. Mr. Rajiv Rai, Advocate, for respondent No.5. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following reliefs:- “1. That writ or order in the nature of mandamus may kindly be issued with the direction to the respondents to immediately stop the functioning of the Hot Mix Plant & Crusher/Look Plant installed at Village Bhali, Sub-Tehsil Kotla, District Kangra, H.P as same is being operating by flouting the guidelines issued by the State of Himachal Pradesh. II. That the respondents may kindly be directed to shift 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:6395 the Hot Mix Plant & Crusher/Look Plant installed at Village Bhali, Sub-Tehsil Kotla, District Kangra, H.P to some other place by taking into consideration criteria/ norms issued by the H.P State Pollution Control Board. III. That the respondent may kindly be directed to conduct inspection of Hot Mix Plant & Crusher/Look Plant installed at Village Bhali, Sub-Tehsil Kotla, District Kangra, H.P.” 2. When the case was listed on 13.03.2025, the following order was passed:- “Heard for some time. It appears from the pleadings and submissions of learned Counsel for the parties that the Hot Mix Plant was already in existence before notification dated 18.05.2023 issued by the Ministry of Environment, Forest and Climate Change, came into force. Of course, even the existing plants were to comply with the stipulations contained therein which as per learned Counsel for respondent No. 5, are being complied with but this Court is of the considered view that it would be in the interest of justice, in case, this writ petition is disposed of with the direction that Pollution Control Board shall carry out periodical inspections to ensure that the conditions mentioned in notification dated 18.05.2023, are religiously followed by respondent No. 5 and further respondent No. 5 shall also 3 2025:HHC:6395 ensure that there is minimum disturbance to the school children during school hours in the course of functioning of the Hot Mix Plaint. At this stage, learned Counsel for the petitioner submits that he may be granted some time to have instructions in view of the observations made by this Court. List on 18.03.2025 to enable learned Counsel for the petitioner to have instructions.” 3. Today, learned counsel for the petitioner submits that he has instruction to withdraw this petition, but with liberty to avail alternative remedy,which is opposed to by learned counsel for the respondents. 4. Petition is allowed to be withdrawn, subject to all just exceptions, with liberty, as prayed for. 5. The petition stands disposed of. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge March 18 , 2025 (Rishi)