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2025 DAILYLAW 93564 (PNJ)

SURINDER PAL v. UNION OF INDIA AND OTHERS

CWP/24434/2025 · 2025-09-23

Rohit Kapoor, To Be Nominated

body2025

Judgment text

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115 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-24434-2025 (O&M) Date of Decision: 23rd September, 2025 SURINDER PAL .…...Petitioner(s) V/s. UNION OF INDIA AND OTHERS ......Respondent(s) CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR Present Mr. H.K. Brinda, Advocate for the petitioner. Mr. Ashish Rawal, Senior Panel Counsel, for respondent No.1-UOI. Mr. Maninder Singh, Addl. A.G., Punjab and Mr. Rajeev Madaan, DAG, Punjab. **** ASHWANI KUMAR MISHRA, J. (Oral) 1. This Writ Petition seeks to challenge NOC dated 16.04.2014 issued by the 5th respondent-Environmental Engineer, Punjab Pollution Control Board, Zonal Office-I, Vatavaran Bhawan, Nabha Road, Patiala in favour of 9th respondent-Baljinder Singh @ Aman, to set up Stone Crusher and Screening Plant in Village Haripur, Tehsil Anandpur Sahib, Punjab. 2. The petitioner alleges that the illegal mining of sand, stone and bajri is being undertaken. 3. On the last occasion, we allowed time to learned State counsel to obtain instructions. Today, learned State counsel has obtained instructions, according to which, the NOC, issued in the year 2014, has already expired long back and that the filing of the Writ Petition in the 2025, challenging the NOC issued in the year 2014, suffers from unexplained laches on part of the petitioner. Learned State counsel has SURESH KUMAR 2025.09.24 10:24 I attest to the accuracy and integrity of this document CWP-24434-2025 (O&M) also placed before the Court a fresh registration, offered to respondent No.9 w.e.f. 08.09.2025 to 07.09.2026. It is also submitted that before according latest registration, a fresh NOC has also been received from the authorities concerned. 4. Be that as it may, we do not find any occasion to entertain this Writ Petition filed now, where the challenge is laid to the NOC issued in the year 2014. There are two reasons for doing so. Firstly, the challenge is laid after 11 years for which there is no explanation shown in the Writ Petition and even otherwise, this NOC has lost its efficacy on account of subsequent NOC issued by the authorities on the strength of fresh registration has not been granted on 08.09.2025. The fresh registration is not under challenge. In that view of the matter, no further relief can be granted to the petitioner in the matter. Accordingly, the Writ Petition stands dismissed. 5. All pending applications, if any, in this case are disposed of accordingly. [ASHWANI KUMAR MISHRA] JUDGE [ROHIT KAPOOR] JUDGE September 23, 2025 Ess Kay Whether speaking / reasoned : Yes / No Whether Reportable : Yes / No SURESH KUMAR 2025.09.24 10:24 I attest to the accuracy and integrity of this document