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 peti