2025:HHC:16358 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 477 of 2025 Decided on : 28.05.2025 Krishan Kumar. …Petitioner Versus State of Himachal Pradesh and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : M/s R.L. Chaudhary and H.R. Sidhu, Advocates. For the respondents : Mr. Rahul Thakur, Deputy Advocate General, for respondents No.1 to 5, 8, 9 & 15. Mr. Sandeep Dutta, Advocate, for respondents No. 6. Mr. Suneet Goel, Senior Advocate, with Mr. Sushmit Bhatt, Advocate, for respondent No.7. Mr. Shriyek Sharda, Advocate, for respondents No. 10, 13 & 14. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:16358 alia, prayed for the following reliefs:- “(i). That writ of mandamus may kindly be issued, directing the Respondent No. 1 to 9 & 15 to implement notification dated 29.06.2021 (Annexure P-3) and notification dated 18.08.2022 (Annexure P-4) and take action against Respondent No. 10 to 14 in terms of these notifications, which have been issued by the State Government as per the judgment and direction passed by this Hon'ble Court as well as by the Hon'ble National Green Tribunal, but there is a report dated 12.03.2024 (Annexure P-11), which discloses that due to shortage of staff, security and infrastructure in the Mining Department, these notifications have not been implemented till date. (ii). That writ of mandamus may kindly be issued, directing the respondent authorities i.e. Respondent No. 1 to 9 & 15 to inspect the Crusher Units i.e. Respondent No. 10 to 14 qua the violation reported by the petitioner time and again as mentioned in the body of the Civil Writ Petition as well as to inspect how these Crusher Units have installed heavy machineries in their Crusher Units, which is beyond their permission and how instead of one Unit machinery, they have installed 8 to 10 heavy 3 2025:HHC:16358 machineries in the name of one Crusher Unit and extracting a huge mined material beyond the permission granted by the respondent authorities. (iii). (iii). That writ of mandamus may kindly be issued, directing the Respondent No. 1 to 9 & 15 to take every action against the Respondent No. 10 to 14 for enforcement of notification dated 29.06.2021 (Annexure P-3), in which, the criteria i.e. site suitability, norms, criteria, manner of Joint Inspection Committee for site appraisal, emission norms and pollution control measures and standard thereof, further advancement in pollution control devices for the proposed and existing units, parameters in the context of changing weather conditions in the face of Climate Change-Mitigation of impacts thereof, impact of Stone Crusher Units location on the hydrological, soil and water conservation, environment aspects such as air, water, flora and fauna, washing units-waste water treatment, procedure for establishment and operation to be followed by the State Board & Latest technologies advancement and availability of modern machinery and equipments for setting up of stone crusher units, have been prescribed and same has not been followed till date by the 4 2025:HHC:16358 Respondent No. 10 to 14. (iv). That writ of mandamus may kindly be issued, directing the Respondent No. 1 to 9 & 15 to get installed CCTV cameras in every Crusher Unit of Respondent No. 10 to 14 in order to monitor the violation of notification dated 29.06.2021 (Annexure P-3) and notification dated 18.08.2022 (Annexure P-4). (v). That writ of mandamus may kindly be issued, directing the Respondent No. 1 to 9 & 15 to establish check-posts and measurement bridge regarding Crusher Units i.e. Respondent No. 10 to 14, so that the Crusher Units may not extract and 2025 supply mined minerals beyond the capacity qua which the permission has been granted by the Industries Department and similar check posts and measurement bridge may also be ordered to be established on the border of Punjab State, so that illegal mined material may not be transported from Himachal Pradesh to the State of Punjab, because the said illegal transportation causes loss of huge public exchequer to the State of Himachal Pradesh. (vi). (vi). That writ of mandamus may kindly be issued, directing the respondent authorities to deploy 5 2025:HHC:16358 appropriate staff, security and infrastructure in the Department of Pollution Control Board and in the Department of Industries, so that the notification dated 29.06.2021 (Annexure P-3) and notification dated 18.08.2022 (Annexure P-4) are implemented in letter and spirit, since as per the report dated 12.03.2024 (Annexure P-11), it has been reported to the Secretary (Industries) by the Vigilance Department that due to shortage of staff, security and infrastructure, the above mentioned notifications have not been implemented till date in the Industries Department.” 2. During the hearing of the case of the petitioner, learned counsel for the respondents have taken an objection with regard to the maintainability of the writ petition on the ground that the petitioner is a busy body. 3. Be that as it may, otherwise also, taking into consideration the fact that the petitioner otherwise has filed this writ petition, more so, in public interest as a pro bono, at this stage, on the request of learned counsel for the petitioner this petition is allowed to be withdrawn, with liberty to the petitioner to file a petition on the format of a Public Interest Litigation. Pending miscellaneous application(s), if any, also stand 6 2025:HHC:16358 disposed of accordingly. (Ajay Mohan Goel) Judge May 28, 2025 (Shivank Thakur)