HEM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition is directed against the vires of Haryana Regulation and Control of Crushers Act, 1991 (Act No. 15), herein after referred to as the 'act'. The Act is in sequel to the various steps taken by the State administration as well as the legislature to maintain a pollution free environment.

(2.) THE petitioners' pleas may be summarised thus:- The petitioners about 35 years ago had put up stone crushers. In order to maintain ecological balance in the State: to prevent environment degredation and to avoid traffic and human health hazards, keeping in view the Forests and Wild Life notification dated 10. 2. 1988. A notification dated 9. 6. 1992 was issued under the Environment (Protection) Act, 1986, as well as the Rules framed thereunder, by which the following parameters were fixed. That stone crushers units shall install pollution control measures which will include construction of sheds and installation of sprinklers. These measures should be operated to the satisfaction of the Pollution Control Board by 15th August, 1992 and (ii) that no stone crusher unit shall be allowed to operate within the limits of 1-1/2 kms of National Highway, 1 Km. from the State Highway, 1-1/2 kms from town Abadi and approved urban colony; 1 km. from village Abadi and 1-1/2 kms. from any existing tourist complex. It further provided that stone crushers falling in the prohibited limits shall shift to the zone as identified by the State Government within six months from the date of issue of the notification.

(3.) THE State of Haryana vide Notification dated 18. 12. 1992 brought about amendment in the Notification dated 9. 6. 1992 vide which it was provided that no stone crusher unit except those which are in the identified zone or which have been certified by the Haryana State Pollution Control Board for having fulfilled the sitting parameters of the notification dated 9. 6. 1992, shall henceforth be allowed to operate within the limits of :