KEWLANAND KABDAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-5-58
HIGH COURT OF UTTARAKHAND
Decided on May 01,2012

Kewlanand Kabdal Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) WHILE dealing with this Public Interest Litigation, we only wanted to remind the State Government that, after the policy of the State Government said to have had been made, this court has pronounced a judgment following a judgment of the Hon'ble Supreme Court, specifying therein, the distance of the places, as indicated therein and, accordingly, to revisit the issue. We, accordingly, directed those stone crushers to be brought within the purview of this writ petition and, accordingly, they have been brought within the purview of this writ petition. The learned counsel for those stone crushers have submitted that, the stone crushing units, represented by them, have complied with the policy of the Government. We direct the Government to find out whether, each of such unit has pollution control permission in clearest of clear terms, granting each of them permission to set up stone crushing units at the places they have installed, if not, to forthwith stop the action of all those stone crushing units. The State Government is directed once again, to revisit its policy in the light of the judgment of this court rendered in the case of Matri Sadan vs. Himalaya Stone Crusher Pvt. Ltd. and others, and, to reapply the principles enunciated therein in its policy, as quickly as possible, but not later than six months from today. It is made clear that, in the event, after revisiting such policy, it transpires that, any of the stone crushers do not fulfill that policy, they may be granted at the best six months' time from the date of the policy to windup their units for the purpose of reallocation at appropriate places.;


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