Court On Its Own Motion v. Himachal Pradesh State Pollution Control Board
2018-03-06
AJAY MOHAN GOEL, SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT Sanjay Karol, A.C.J —On the basis of a Letter Petition received from a resident of village Pallora, Tehsil Jawali, District Kangra, Himachal Pradesh, this Court, taking suo moto cognizance, issued notice. 2. On 8.12.2017, this Court passed the following order: "By way of this letter petition, which has been registered as a CWPIL, it has been brought into notice of this Court that on account of a mixer of tar having been installed in the vicinity of village Palora, near Jawali, District Kangra, crops of nearby villagers are being adversely affected and the smoke which is being emitted from the said mixer is also adversely affecting the environment of the surrounding. It is also mentioned in the petition that encroachment has also been done on the government land in order to carry out illegal mining by mining mafia." 3. From the reply filed by the Sub Divisional Magistrate, Jawali, it is apparent that ''renewal of consent'' to operate Hot Mix Plant, granted in favour contractor Rajat Thakur, stands withdrawn, and that the said contractor has removed the material and now the plant, subject matter of complaint, is no longer in operation. 4. As such, we are persuaded by the learned Advocate General, learned Amicus Curiae and learned counsel for the Pollution Control Board, that no fruitful purpose would be served by keeping the present proceedings pending, and to close the same. Ordered accordingly. 5. We place on record our appreciation for the assistance rendered by Mr. Aman Sood, learned Amicus, who, on the instructions of this Court, contacted the letter petitioner and obtained necessary feedback. 6. Registry is directed to send a copy of this judgment to the Deputy Commissioner, Kangra, Distirct Kangra, Himachal Pradesh; and the Member Secretary, H.P. State Pollution Board, Shimla. Learned Amicus shall contact the letter petitioner and apprise him of passing of this order. In view of the above we close the present proceedings. Pending application, if any, also stands disposed of.