Judicial oversight mandates state authorities to enforce environmental regulations in the context of public interest.

Ajay Mohan Goel, Judge (Oral By way of this writ petition, the petitioner has, inter

1Whether reporters of the local papers may be allowed to see the judgment?

alia, prayed for the following reliefs:-

“(i). That writ of mandamus may kindly be issued, directing the Respondent No. 1 to 9 & 15 to implement notification dated 29.06.2021 (Annexure P-3) and notification dated 18.08.2022 (Annexure P-4) and take action against Respondent No. 10 to 14 in terms of these notifications, which have been issued by the State Government as per the judgment and direction passed by this Hon'ble Court as well as by the Hon'ble National Green Tribunal, but there is a report dated 12.03.2024 (Annexure P-11), which discloses that due to shortage of staff, security and infrastructure in the Mining Department, these notifications have not been implemented till date.

(ii). That writ of mandamus may kindly be issued, directing the respondent authorities i.e. Respondent No. 1 to 9 & 15 to inspect the Crusher Units i.e. Respondent No. 10 to 14 qua the violation reported by the petitioner time and again as mentioned in the body of the Civil Writ Petition as well as to inspect how these Crusher Units have installed heavy machineries in their Crusher Units, which is beyond their permission and how instead of one Unit machinery, they have installed 8 to 10 heavy machineries in the name of one Crusher Unit and extracting a huge mined material beyond the permission granted by the respondent authorities.

(iii). That writ of mandamus may kindly be issued, directing the Respondent No. 1 to 9 & 15 to take every action against the Respondent No. 10 to 14 for enforcement of notification dated 29.06.2021 (Annexure P-3), in which, the criteria i.e. site suitability, norms, criteria, manner of Joint Inspection Committee for site appraisal, emission norms and pollution control measures and standard thereof, further advancement in pollution control devices for the proposed and existing units, parameters in the context of changing weather conditions in the face of Climate Change-Mitigation of impacts thereof, impact of Stone Crusher Units location on the hydrological, soil and water conservation, environment aspects such as air, water, flora and fauna, washing units-waste water treatment, procedure for establishment and operation to be followed by the State Board & Latest technologies advancement and availability of modern machinery and equipments for setting up of stone crusher units, have been prescribed and same has not been followed till date by the Respondent No. 10 to 14.

(iv). That writ of mandamus may kindly be issued, directing the Respondent No. 1 to 9 & 15 to get installed CCTV cameras in every Crusher Unit of Respondent No. 10 to 14 in order to monitor the violation of notification dated 29.06.2021 (Annexure P-3) and notification dated 18.08.2022 (Annexure P-4).

(v). That writ of mandamus may kindly be issued, directing the Respondent No. 1 to 9 & 15 to establish check-posts and measurement bridge regarding Crusher Units i.e. Respondent No. 10 to 14, so that the Crusher Units may not extract and 2025 supply mined minerals beyond the capacity qua which the permission has been granted by the Industries Department and similar check posts and measurement bridge may also be ordered to be established on the border of Punjab State, so that illegal mined material may not be transported from Himachal Pradesh to the State of Punjab, because the said illegal transportation causes loss of huge public exchequer to the State of Himachal Pradesh.

(vi). That writ of mandamus may kindly be issued, directing the respondent authorities to deploy appropriate staff, security and infrastructure in the Department of Pollution Control Board and in the Department of Indus