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2026 DAILYLAW 1653 (HP)

SANT RAM v. THE STATE OF HP AND OTHERS

CWPIL/29/2026 · 2026-04-07

Bipin Chander Negi, Gurmeet Singh Sandhawalia

Public Interest Litigationbody2026

Judgment text

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2026:HHC:10866 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPIL No. 29 of 2026 Date of decision: 07.04.2026 Sant Ram …Petitioner Versus State of H. P. & Ors. …Respondents Coram The Hon’ble Mr. Justice G. S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Bipin C. Negi, Judge. Whether approved for reporting? For the Petitioner: Mr. Subhash Sharma, Senior Advocate with Mr. Prantap Sharma, Advocate alongwith the petitioner in person. For the Respondents: Mr. Varun Chandel, Additional Advocate General, for respondents-State. Mr. Dhiraj Thakur and Ms. Priyanka, Advocates, for respondent No. 5-PCB Una. G. S. Sandhawalia , Chief Justice (Oral) The petitioner seeks quashing and setting aside of the No Objection Certificate, dated 16.10.2024, by the Gram Panchayat, for establishing the stone crusher. 2. The petition has been filed in a proforma of Public Interest Litigation by an 85 years old citizen. The primary argument raised is that earlier order was passed way back on 14.11.1984 whereby 484 Kanals 6 Marlas of land as such was declared ‘Charand’ (grazing rights). In such circumstances, the petition has been filed. 3. We have gone through the petition wherein it is apparent that Gram Panchayat had passed a Resolution whereas a remedy as such to challenge the same is provided in 2 2026:HHC:10866 accordance with law, which has not been resorted to and, therefore, we are not inclined to exercise extraordinary jurisdiction on the Public Interest Litigation. 4. However, a representation is stated to have been made on 03.03.2026 to the Deputy Commissioner, Una against the installation of stone crusher under the name of ‘Rama Stone Crusher’ run by Mr. Gurdev Singh and his family members i.e. respondents No. 8 and 9. 5. Keeping in view the aforesaid facts and circumstances, the Deputy Commissioner shall take representation made on 03.03.2026 (Annexure P-4) into consideration and pass a reasoned order after calling for the comments from the concerned persons and also the records from the Pollution Control Board, the Mining Officer and the Gram Panchayat as such, for finding out if any infirmity exists in the setting up of the same. 6. Needful be done within a period of two months from the receipt of a certified copy of this order. 7. The petition is accordingly disposed of, so also pending applications, if any. (G. S. Sandhawalia) Chief Justice (Bipin C. Negi) 7th April, 2026 Judge (sanjeev)