Himachal Pradesh High Court: The Division Bench of Surya Kant, CJ and Ajay Mohan Goel, J. allowed the writ petition, extending to the petitioner liberty and protection granted by the Supreme Court from the NGT order.
The dispute herein was that the petitioner was aggrieved by the order issued by the respondent in compliance of the order passed by the National Green Tribunal (NGT). The impugned notice had asked the petitioner to comply with the NGT order and submit the report within 7 days, failing which the Board shall initiate legal action under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act. Previously few other stone crusher units and the State challenged the order of the NGT in collective appeals, before the Supreme Court, which were disposed of by deferring the enforcement of the directions which have been issued by the Tribunal by a period of 3 months to enable the parties to move the Tribunal in appropriate proceedings.
In such circumstances, the Court directed, in order to avoid multiplicity of proceedings the same liberty and protection to be extended to the petitioner as granted to the similarly placed stone-crushers.[Shankar Stone Crusher v. State of H.P., 2019 SCC OnLine HP 127, Order dated 11-01-2019]
