DEV BHOOMI STONE COMPANY Vs. B N MATHPAL & OTHERS
LAWS(UTN)-2012-7-117
HIGH COURT OF UTTARAKHAND
Decided on July 23,2012

Dev Bhoomi Stone Company Appellant
VERSUS
B N Mathpal And Others Respondents

JUDGEMENT

- (1.) On 27 th December, 2006, consent to establish a stone crushing unit at Field No. 491, 493/1, 497/1, 499/1, 501, Village Kisanpur Sakulia, Pargana Bhabar 6 th Khata, Tehsil Lalkuan, Nainital, was granted by the State Pollution Control Board in favour of the writ petitioner. Respondent No. 1 preferred an appeal against grant of the said consent to establish. Appellate Authority, by the order impugned in the writ petition, passed on 30 th April, 2009, directed as under: "The appeal is partly allowed. Respondent No. 6 Uttarakhand Environment Protection and Pollution Control Board is directed that the consent pertaining to the establishment of stone crusher granted by the Board till 31.03.2009 will not be extended further and are directed to grant consent to Dev Bhoomi Stone Company for the Natural Screening Plant at the site in question and, in case of compliance of all other conditions stipulated by law. In this relation, the decision shall be taken within a period of one month and, if consent is granted, then it should not be converted in the form of stone crushing in future till there is human habitation in the nearby area."
(2.) It is the case of the petitioner that, on 2 nd September, 2006, it applied for setting up of a stone crusher unit, when the Forest Department, the Revenue Department and other concerned departments gave their consent. In paragraph 13 of the writ petition, it has been stated as follows: "However a lot of time was consumed for getting the No Objection Certificate for running a Stone Crusher Unit, the petitioner in the meantime applied for obtaining the permission for running a screening plant and on the said application of the petitioner for running a screening plant, Regional Officer of the Pollution Control Board has given his consent and the same was sent to the Chief Environmental Officer of the said Board."
(3.) The facts are otherwise. Petitioner made an application on 2 nd September, 2006, no doubt. But to whom and for what purpose, is not known, as neither the petitioner has produced a copy of the said application, nor the District Magistrate or the State Pollution Control Board has produced a copy of the same. On 30 th October, 2006, petitioner wrote a letter to the Regional Officer, Environment Protection and Pollution Control Board, Haldwani, Nainital. In that letter, it was stated that the petitioner, vide application dated 2 nd September, 2006, has made a request to establish stone crusher. By that letter, petitioner held out that proceeding relating to stone crusher be continued and, simultaneously, at present, petitioner may be accorded permission to establish the stone screening plant. On 27 th November, 2006, an inspection was carried out by Sri V.K. Joshi, Asst. Scientific Officer and Sri Subhash Panwar, Junior Engineer, in the employment of the State Pollution Control Board, in presence of the representative of the petitioner Sri Kapil Mudgal. After completion of the inspection, they submitted a report. The caption of the report was "Regarding No Objection Certificate for setting up of Screening Plant by M/s Dev Bhoomi Stone Company, Village Kisanpur Sakulia, Tehsil Lalkuan, Nainital". In that report, amongst others, it was stated as follows: i. Nearest abadi (human habitation) starts from 200 meters in the southwest. ii. School and the office of Women Milk Producers Cooperative Society is situate at a distance of 90 and 150 meters respectively. iii. The residence of Shivanand, who has given no objection to the establishment of the industry, is situate 150 meters away. iv. From the ramp of the proposed plant, there is a house at 200 meters in south-east direction and two houses at 100 meters in north-east direction. v. In the east, from the boundary, one house at 10 meters and 5 houses at 100 meters are situate. vi. On Link Road in the west, one house at 100 meters and 5 houses at 200 meters and on Link Road in south-east, two houses at 100 meters and scattered abadi (human habitation) after 200 meters in the northeast and, in the south-east, school at 10 meters, which has been proposed to be shifted, the office of Women Milk Producers Cooperative Society at 75 meters, 8 houses at 100 meters, are situate. vii. In the north-west, Link Road and irrigation canal and, thereafter, vacant land is situate, in respect whereof, Ms. Usha Kiran Bhandari has applied for permission for setting up a screening plant. viii. A tube-well and four shops at a distance of 50 meters are situate in the north. ix. Zila Adhikari, Nainital, has approved the site for establishment of the said screening plant and Additional Zila Adhikari, Nainital, has also approved the said site for establishment of screening plant. x. The standards for establishment of stone crushers have been provided in the Mineral Policy, but no guidelines for screening plants have been fixed. xi. Level of pollution in screening plant is lesser than stone crusher. xii. Within the radius of 500 meters, 23-40 residential houses are situate, whereas no hospital, temple, bridge, river, etc. are situate within 500 meters. xiii. Four houses at 200 meters from the proposed ramp of the industry and 20-25 houses at 200 meters from boundary wall are situate. xiv. The industry has applied on the prescribed form and prescribed fee. xv. No riverbank comes within 500 meters of the proposed site. xvi. Proposed site is at a distance of about 500 meters from the National Highway. xvii. No other crusher is situate within 500 meters, though a Natural Screening Plant in the name of M/s Vinod Stone Products is being established at 300 meters and Ms. Usha Kiran Bhandari has applied for another screening plant in the north-west of the proposed screening plant. xviii. Petitioner has proposed to install three vibrating screens. xix. Water will be used for domestic and dust control. xx. The domestic effluents are proposed to be finally disposed of through septic tanks and soak pits, while effluents from washing (sand washing) are proposed to be re-used by recycling after treating in a settling tank. No effluent is proposed to be produced. xxi. Sprinklers on screening and delivery point of conveyer belt are proposed to control dust in the industry. xxii. The industry has proposed water storage tank, covering of screening section and metallic road. xxiii. A DG set of 250 KVA is proposed by the industry. The exhaust thereof shall be 3.5 meters and an acoustic enclosure for control of noise pollution is also proposed. xxiv. Total investment of the industry is stated to be Rs. 224.39 lacs and a Demand Draft of Rs. 10,000/- has been sent to the Board Head Quarter for No Objection Certificate fee by the industry.;


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