Deepak Gupta, J.1.The challenge in these petitions is to the setting up of a Cement Plant by Jai Parkash Associates Ltd. (hereinafter referred to as the JAL) at village Bagheri, Tehsil Nalagarh, District Solan, H.P.

2. CWPIL No.15 of 2009 was initiated by the Court on its own motion on the basis of a letter written to the Hon’ble Chief Justice of this Court by a number of representatives of seven Panchayats of the area in question. CWP No.586 of 2010 has been filed by M/s Him Privesh Environment Protection Society and another wherein the petitioners allege that the cement plant has been set up in total violation of the Environment Laws especially the Environment Impact Assessment notifications of 1994 and 2006. It is also alleged that no proper public hearing was conducted and that the village common land has been wrongly transferred by the State of Himachal Pradesh (hereinafter referred to as the State) in favour of JAL.

3. The State pursuant to its industrial policy invited investors for making investments in the State of Himachal Pradesh to extract lime stone from the areas designated by the State and to set up cement industry within the State. One of the areas so earmark