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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, C.J., SUBHASH UPADHYAY
Satnam Singh – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. pil restrains stone crusher violating noc and environment. (Para 1 , 2 , 3) |
| 2. prior pil inspection found nine shortcomings; rectification time granted. (Para 4 , 5) |
| 3. non-disclosure of prior pil; pcb verifies noc conditions. (Para 6 , 7) |
| 4. pcb necessary party for noc violation factual inquiry. (Para 8 , 9) |
| 5. direct approach to pcb; status quo; pil disposed. (Para 10 , 11 , 12 , 13) |
JUDGMENT :
Manoj Kumar Gupta, C.J.
1. Heard Sri A.S. Rawat, learned Senior Counsel assisted by Sri Gaurav Paliwal, learned counsel for the petitioner, Sri B.S. Parihar, learned Additional Chief Standing Counsel with Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State of Uttarakhand and Dr. Kartikey Hari Gupta, learned counsel for respondent No. 5.
2. The present petition, filed in public interest, is for restraining the respondent-authorities from allowing the private respondent, namely, M/s Pea Fowl Smart Infrastructure Pvt. Ltd. through its partners to construct stone crusher over a land situated in Village Papadi and Sitapur Tanda, Tehsil Ram Nagar, District Nainital, as the case of the petitioner is that the construction is contrary to the mining policy and would adverse
In PIL against stone crusher for NOC violation, court held Pollution Control Board necessary party to verify breach, directed petitioner to approach it, and extended status quo pending decision.
Writ of mandamus granted directing the state to consider the application for a stone crushing unit without bias from prior orders, emphasizing merit-based evaluations in administrative decisions.
Section 3 and 4 of Act of 2015 as well as Rule 3 of Assam brick klin Establishment and Regulation Rules, 2013, a brick klin cannot be established over agricultural land.
Consent from the Pollution Control Committee is mandatory for operating an industrial unit, and procedural fairness must be observed in administrative actions.
The court mandated that the respondents must consider the application for Consent to Establish in accordance with statutory requirements and within a specified timeframe.
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