VILLAGERS OF GRAM SABHA KAMOLA, KOTABAGH BLOCK, THROUGH THEIR GRAM PRADHAN SRI HITESH KUMAR Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI
LAWS(UTN)-2012-5-4
HIGH COURT OF UTTARAKHAND
Decided on May 03,2012

VILLAGERS OF GRAM SABHA KAMOLA, KOTABAGH BLOCK, THROUGH THEIR GRAM PRADHAN SRI HITESH KUMAR Appellant
VERSUS
UNION OF INDIA THROUGH SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI Respondents

JUDGEMENT

- (1.) THE policy, brought on record, suggests that two different parameters have been set in regard to distances to be maintained by a stone crusher, if the proposal is to set up a stone crushing unit in the hill districts and in the plain districts. In Uttarakhand, many a districts, though, are designated as hill districts, but have vast tracts of land which are situate on the plain. THE district of Nainital is a hill district according to the Rule Books, but the fact remains that a vast tract of district Nainital, in and around Haldwani, lower Kaladhungi, Ram Nagar etc. are situate on the plain. In the instant case, it was contended that on a plain land a stone crushing unit is going to be set up breaching the policy applicable for plain land only on the ground that the land in question is situate in the district of Nainital. We requested the District Magistrate, Nainital to visit the place and submit a report. THE District Magistrate has visited the place and has submitted a report, where she has categorically stated that the site of the proposed stone crushing unit is situate on the plain land. We 2think that while laying down the policy, the State Government did not take note of the fact that there are districts in the State, where though they are regarded as hill districts, but have vast plain land situate within them.
(2.) WE, accordingly, while extend the interim order already granted on 27th April, 2012 and direct the same to continue until expressly revoked by this Court, request the State Government to revisit its policy and, for that matter, adjourn this case for twelve weeks. It is made clear that until twelve weeks from today or until specifically permitted by this Court, respondent No.3 shall not process any request for grant of permission for setting up of stone crushers in any district, which is partly hilly and partly plain. The District Magistrate, Nainital is also requested to forward her findings to the State Government.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.