DES RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SHRI Ashok Thakur, Proprietor of Maheshwar Stone Washing and Crushing Industries, resident of village Kuthera, P.O. Jalari, Tehsil Nadaun, District Hamirpur, H.P. respondent No.8, filed an application on 3.8.2010 for establishment of a stone crushing unit over Khasra No. 207/1, admeasuring 1-33-31 hcts. in Mohal Kuthera, Mauza Jalari, Tehsil Nadaun, District Hamirpur, H.P. A Joint Inspection Committee was constituted by the State Geologist respondent No.4 to inspect the site and furnish its appraisal report. The said Committee, after conducting joint inspection submitted its site appraisal report, favouring establishment of the unit. On 11.8.2009, local Gram Panchayat i.e. Man, issued its No Objection Certificate through its Pradhan for establishment of such unit. In furtherance thereof, the H.P. State Pollution Control Board - respondent No.3 issued letter dated 8.8.2011, according consent to establish the unit subject to further permissions to be granted by the Department of Industries of the State and also obtaining permissions/ sanctions from various other departments under the provisions of various environmental laws of the land.

(2.) DESH Raj petitioner No.1, Roshan Lal petitioner No.2, Shri Chander Kumar petitioner No.3, Smt. Meena Kumari petitioner No.4, Smt. Reeta Devi petitioner No.5 and Smt. Sukhan Devi petitioner No.5 approached this Court by way of present Civil Writ Petition No.7949 of 2011 praying for quashing of the said Joint Inspection Report dated 6.9.2010 as also the resolution dated 11.8.2009 passed by the concerned Gram Panchayat. This writ petition filed on 8.9.2011 was listed before the Court on 13.9.2011.

(3.) YOG Raj petitioner No.1, Smt. Santosh Kumari petitioner No.2, Om Raj petitioner No.3 and Smt. Sukha Devi petitioner No.4, approached this Court by way of Civil Writ Petition No. CWP No.7951 of 2011 praying for quashing of the said Joint Inspection Reports dated 15.7.2010 and 21.9.2010 as also the resolution dated 12.5.2010 passed by the concerned Gram Panchayat. This writ petition was filed on 9.9.2011 and listed in Court on 13.9.2011.