Barin Ghosh, C.J.:

On 27th 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 6th 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 30th 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 2nd 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 2nd 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 30th 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 2nd 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 27th 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 south-west.

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