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HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, C.J., SUBHASH UPADHYAY
Paratech Rajesh Kumar Contractor JV – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. petitioner seeks approval for stone crusher unit. (Para 1 , 2 , 3) |
| 2. similar applications granted; no opposition to the writ. (Para 4 , 5 , 6) |
| 3. writ petition disposed directing consideration of application. (Para 7 , 8) |
| 4. pending applications disposed. (Para 9) |
JUDGMENT :
Manoj Kumar Gupta, C.J.
1. The present writ petition has been filed praying for a writ of mandamus commanding respondent no.1 to consider and decide the petitioner’s application No.934931, and subsequent representation dated 06.03.2026 for grant of ‘Consent to Establish’ and ‘Consent to Operate’ a temporary, captive mobile stone crusher plant/ unit at the proposed site Village Pifiyara/Pifyara, Patti Khattal, Tehsil Badkot, District Uttarkashi on its own merits and in light of the judgment and order dated 30.12.2025 in Writ Petition (M/B) No.281 of 2025 and order dated 25.02.2026 in Writ Petition (M/B) No.119 of 2026.
2. On 08.07.2025, petitioner has been awarded the contract for widening of 2 Lane from Existing Chainage Km 74.7000- Km 100.660 (Design Chainage Km 53.365 to Km 78.785) on NH 507 in the State under EPC mode. On 03.10.2025, internal letter No.4478 was issued by the office of Chief Engi
Writ of mandamus granted directing the state to consider the application for a stone crushing unit without bias from prior orders, emphasizing merit-based evaluations in administrative decisions.
In PIL against stone crusher for NOC violation, court held Pollution Control Board necessary party to verify breach, directed petitioner to approach it, and extended status quo pending decision.
The court emphasized the need for public hearing and stakeholder consultation in the process of considering applications for establishing stone crushers.
Stone crusher under construction must comply with environmental guidelines and obtain CTO before operation.
Consent from the Pollution Control Committee is mandatory for operating an industrial unit, and procedural fairness must be observed in administrative actions.
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