2025:HHC:41873 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPIL No. 65 of 2023 Decided on: 03 rd December , 2025 ____________________________________________________ __ Handur Paryavaran Mitra Sanstha ....Petitioner Versus State of Himachal Pradesh and others ...Respondents ________________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? 1 For the petitioner : Mr. Karan Sharma, Advocate. For the respondents : Mr. Pranay Pratap Singh, Additional Advocate General. Mr. Deepak Kaushal, Senior Advocate with Mr. Aditya Chauhan, Advocate, for respondents No. 14 to 20, 22, 24 to 26. Mr. Dheeraj Thakur, Advocate for respondent No. 27-PCB. G.S. Sandhawalia, Chief Justice (Oral) The present Public Interest Litigation was initiated on account of the fact that there were illegal mining activities, which have been caused by grant of mining lease to private respondents and violation of the guidelines. Similarly, the crusher units at Nalagarh, District Solan, were stated to be operating without effective permission, having encroached upon Government lands, doing 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2025:HHC:41873 mining on river basins and the deterioration in water levels were the subject matter of consideration. Various directions have been sought, in terms of prayer clause of the writ petition. 2. It has been noticed initially that there were stone crusher units which were not having consent to operate. Resultantly, the Secretary, District Legal Services Authority, Solan, was directed to visit the site in operation, and submit the report that whether the units have made the deficiencies good, vide order dated 29.11.2023. Keeping in view the fact that there were various deficiencies pointed out by Secretary, District Legal Services Authority in his report dated 13.12.2023, directions were issued to the Member Secretary, Pollution Control Board to personally inspect the stone crushers with further directions to seize the machinery and the premises of those stone crushers, who are yet to comply with the deficiencies. Necessary directions were issued to the District Administration, Solan, and the Superintendent of Police, Baddi, to provide necessary assistance. The inspection report of the Pollution Control Board is also placed on record. 3. An application came to be filed for permission to operate a stone crusher on behalf of respondent No. 25, on account of the proactive steps taken by the authorities and environment compensation of 75,25,800/-, was imposed and recovered from ₹ 3 2025:HHC:41873 eight units. Further directions were given to Assistant Environmental Engineer to inspect the stone crushers every week and submit his report to the Chief Environmental Engineer. The Chief Environmental Enginner was directed to fortnightly inspect the stone crushers and thereafter, submit his report to the Member Secretary, H.P. State Pollution Control Board, who was again directed to inspect the stone crushers on monthly basis. Directions were also given to the Superintendent of Police, Baddi, that the trucks carrying the raw material and finished goods, shall be covered with the dust suppression cloths and also ensure that there was no overloading of either the raw material or the finished goods, as per order dated 18.12.2024. 4. We had noticed on 01.01.2025, that stone crusher of respondent No. 25, was sealed on 30.11.2024, and due to a reinspection done, the deficiency had been removed and the said stone crusher was permitted to operate, subject to the deposit of 93,750/- as environmental compensation imposed upon the said ₹ unit, and it was directed that inspections should be continued. 5. Similarly, unit and premises of respondent No. 24 were also to be inspected and respondent No. 24, had sought permission to operate his unit on account of removal of deficiencies and by providing the requisite pollution control devices. The deposit of the 4 2025:HHC:41873 environmental compensation of 93,750/- was done by the ₹ respondent No. 24 and the said unit was also permitted to operate. The Board was directed to file a status report regarding the inspection of units and the necessary compliance of the transport of raw material, taking the usual precautions of dust suppression cloths with direction that overloading should not be permitted, had been issued. 6. Thereafter, it was brought to our notice that out of 11 stone crushers three units were found closed and the wind-breaking walls have been damaged, and repair work is in progress which fact was found in the inspection conducted on 30.04.2025. The Superintendent of Police, Baddi, was also directed to file the report that, whether any FIR has been registered regarding illegal mining. 7. Perusal of the compliance affidavit filed by the Superintendent of Police Baddi, would go on to show that 87 overloaded vehicles and 139 vehicles had not taken the necessary parameters for covering the sand/gravel with dust suppression cloths and had been challaned within a period of 18.12.2024 to 31.03.2025. A fresh status report by the said official would also go on to show that police teams have been directed to keep sharp vigil on all the vulnerable mining spots and a special team with code name Alpha-5, equipped with vehicles was supervising villages Changar, Mahadev river, Aaduwal, Jagatpur, Baglehar, Androla, Joghon, Ratyod, 5 2025:HHC:41873 Jagatkhana, Hand Kundi, Khol Beli, Chundi, Ratta, Sheetalpur, Balad, Baguwal, Kalujhanda, Chikni Khadd, Sirsa river at Saini Majra and Rampur. Further, 51 FIRs had been registered up to 31st July, 2025, out of which 19 were pending investigation and 32 have been sent to Court. The number of vehicles seized was 30 JCBs, 44 tippers, 7 tractors and 2 cars and details of the FIRs lodged at various Police Stations namely Manpura, Barotiwala, Baddi and Nalagarh had been mentioned. 231 challans under the Mining Act were also imputed and the fine realized to the tune of 24,76,000/- from ₹ 176 challans which had been compounded by the police, whereas, 55 challans had been sent to the Court. Consolidated data of impounded vehicles, including challan and criminal cases was duly given, wherein, 122 tippers, 49 JCBs, 134 tractors, 5 trucks, 2 poclain machines and two cars had been involved. Further, specific campaign against vehicles involved in illegal mining was also launched w.e.f. 15.07.2025 to 24.07.2025, in the Police Stations, in which 17 challans have been done and action had been taken against 104 tractors, 8 tippers and 8 JCBs under the Motor Vehicles Act. 8. It has also been mentioned that one such individual native of Sub-Division Nalagarh has been found to have purchased 18 vehicles i.e. 1 JCB machine, 4 tippers, 3 tractors, 7 bikes, 2 cars and one pickup camper, within a shot span of time and action has been 6 2025:HHC:41873 taken against him for illegally acquired properties. 9. Similarly, affidavit of Member Secretary would go on to show that various inspections were done between 08.05.2025 to 31.07.2025, by the officials and by even him on 09.06.2025 and 23.08.2025. Nine operational crusher units had repaired their wind breaking walls and remaining four stone crusher units were either closed or non-operational. Permission had been granted to them for extraction of ground water/ Bore well and necessary inspection reports had been appended. It is thus apparent, that proactive steps have been taken by District Administration, Police authorities and by the Pollution Control Board. 10. Accordingly, we dispose of the present petition, directing that there should be monthly inspection of the stone crusher units by the officials and the Member Secretary should inspect the premises, every four months to ensure that due compliance has been done and there are no such violations by the stone crusher units, as it is common knowledge that pollution norms not being followed by them, leads to the air pollution issues arising in the area which is detrimental to the health of the general public. 11. 11. The Superintendent of Police, Solan and Baddi, shall also ensure that, where vehicles are involved in illegal mining, the procedure to be followed against them should not just be of challan 7 2025:HHC:41873 and keeping in view the provisions of the Mines and Minerals (Development and Regularization) Act, 1957 and Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015, be kept in mind so that confiscation of the vehicles is done in accordance with law and the release is only on stringent conditions, as per the procedure prescribed and as per the law laid down. 12. With the aforesaid observations we close the present public interest litigation, giving liberty to the petitioner to file an appropriate application for reviving the same in case any fresh instance and lapses are found. Pending applications, if any, also stands disposed of. ( G.S. Sandhawalia ) Chief Justice 03 rd December , 2025 ( Jiya Lal Bhardwaj ) (Anurag) Judge