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MANGESH S. PATIL, S. G. CHAPALGAONKAR
Nikhil Construction Group Pvt. Ltd. – Appellant
Versus
State of Maharashtra, Through the Secretary, Revenue and Forest Department – Respondent
JUDGMENT :
Mangesh S. Patil, J.
Heard. Rule. The Rule is made returnable forthwith. Learned AGP waives service for all the respondents. At the request of the parties, the matter is heard finally at the stage of admission.
2. By invoking the powers of this Court under Article 226 of the Constitution of India, the petitioner a private limited company, is challenging the communications dated 21.12.2022, 23.12.2022 and 24.12.2022 issued by the respondent Nos.5 and 7 who are the Tahsildar, Karjat and the District Forest Officer, Ahmednagar directing it to close down the stone crusher installed by it in land Gut No.100 of Village Supe, Taluka Karjat, District Ahmednagar. The respondent No.1 is the State Government through the Secretary of the Revenue and Forest Department, Respondent No.2 is the Divisional Commissioner of Nashik Revenue Division, the respondent No.3 is the District Collector, Ahmednagar, Respondent No.4 is Sub-divisional Officer, Karjat, Respondent No.6 is the Circle Officer of the Kombali, Taluka Karjat, Respondent Nos.8 and 9 are the Range Forest Officers, Regional an
The court affirmed the right to interim relief for stone removal from a quarry operating outside the Eco-Sensitive Zone, balancing environmental regulations with the entitlement of the quarry owner.
The court reinforced the prohibition of mining within one kilometer of wildlife sanctuaries, emphasizing adherence to environmental protection laws.
Stone crushing units prohibited within 5 km of reserve forest per guidelines; illegal operation despite flawed NOCs mandates closure, official accountability via proceedings, and environmental compen....
Stone crushing units must comply with minimum distance norms from reserve forests and highways; violations due to official lapses justify closure and departmental action.
The Tribunal ruled that compliance with environmental guidelines is mandatory, especially regarding distance from sensitive locations, necessitating strict enforcement against violators.
Stone crushing units must strictly comply with minimum 5 km distance from reserve forests per guidelines; operations in violation illegal, with officials liable for departmental proceedings and envir....
Operations of stone crushers are prohibited within 500 meters from residential areas and schools to protect public health and the environment, as non-compliance violates statutory environmental guide....
The court established that compliance with mining and environmental regulations is essential, and local grievances about noise and dust do not invalidate legal operations as long as relevant consents....
Stone crusher under construction must comply with environmental guidelines and obtain CTO before operation.
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