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2026 DAILYLAW 17404 (HP)

M/S SADA SHIV STONE CRUSHER v. HP STATE POLLUTION CONTROL BOARD AND OTHERS

CWP/2762/2026 · 2026-07-24

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2762 of 2026 alongwith CWP No.3334 of 2026 Decided on: 24th July, 2026 ------------------------------------------------------------------------------------- 1. CWP No.2762 of 2026 M/s Sada Shiv Stone Crusher …..Petitioner Versus H.P. State Pollution Control Board and others .....Respondents ------------------------------------------------------------------------------------- 2. CWP No.3334 of 2026 M/s Sada Shiv Stone Crusher …..Petitioner Versus H.P. State Pollution Control Board and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Deepak Kaushal, Senior Advocate with Mr. Abhishek Verma and Mr. Aditya Chouhan, Advocates. For the Respondents: Mr. Anup Rattan, Senior Advocate with Mr. Dhiraj Thakur, Advocate, for respondents No.1 & 2 in CWP No.2762 of 2026 and for the respondents in CWP No.3334 of 2026. Ms. Sunita Sharma, Senior Advocate with Ms. Harshita Dogra, Advocate, for 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 respondent No.3 in CWP No.2762 of 2026. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Following order was passed in these matters on 21.07.2026:- “Learned counsel for the respondent-State Pollution Control Board has placed on record a copy of office letter dated 20.07.2026 and, on that basis, submits that the petitioner has complied with the directions, including the requirement of raising an RCC wall in terms of Clause 2.3.9 of the Notification dated 29.06.2021 issued by the Department of Environment, Science, Technology and Climate Change, Government of H.P. The portion relevant to the context from the said office letter is as under:- “In this regard, the inspection of the stone crusher ie. M/s Sada Shiv Stone Crusher, VPO Kuhna, Tehsil Rakkar, District Kangra, H.P. was again conducted by this office on 20.07.2026. During inspection, it was found that the unit has now constructed a RCC wall within the boundaries of their own land towards the river Beas as per the directions passed by this Hon'ble High Court and in terms of Clause 2.3.9 of the Notification dated 29.06.2021, issued by the Department of Environment, Science, Technology and Climate Change, Govt. of H.P. Moreover, the 'raw' and 'unfinished' material, previously stacked on the land in question, towards the River Beas, have been removed and the same was found stacked adjoining to the stone crusher site, which is away from the water stream of river Beas. During inspection, it was also informed by the representative of the unit that the material lifted from the site has been stacked on his own land adjoining to the stone crusher site. The photographs are enclosed herewith as Annexure-I for your kind perusal and further necessary action please.” Respondent-State Pollution Control Board had projected the aforesaid to be the sole objection, which the petitioner had previously failed to rectify and, was, thus, coming in way of issuance of consent to operate in 3 his favour, as noticed in the following order passed in the matter on 19.05.2026:- “Heard for some time. Learned Senior Advocate for respondents No.1 & 2 submits that the sole objection, which remains to be rectified by the petitioner, pertains to construction of an RCC/concrete stone masonry wall on the valley side so as to ensure that the downstream water sources are not affected. Learned Senior Advocate further submits that the aforesaid direction issued by respondents No.1 & 2 to the petitioner, prior to processing its case for renewal of consent to operate, has been issued in terms of notification dated 29.06.2021, more particularly condition No.2.3.9 thereof. Learned Senior Advocate for the petitioner submits that the petitioner would complete the construction of the retaining wall, in terms of Clause 2.3.9 of the notification dated 29.06.2021 (Annexure P-1), within its own land, within the next one week. As prayed for, list on 01.06.2026.” In view of above fresh office instructions placed on record by the respondent-State Pollution Control Board Ltd. conveying that the petitioner has now rectified the aforesaid objection as well, let the respondents to process petitioner’s case for issuance of consent to operate within two days. List on 24.07.2026.” 2. Pursuant to above, learned Senior Counsel for the respondent-H.P. State Pollution Control Board has placed on record Renewal of ‘Consent to Operate’ dated 23.07.2026 granted in favour of the petitioners under Sections 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981. 4 3. Learned Senior Counsel for the petitioners submits that in view of renewal of consent to operate granted to the petitioners, their grievances raised in these writ petitions have now been redressed. Accordingly, the present writ petitions to stand disposed of alongwith pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 24, 2026 Judge Mukesh