ORDER

1. Proceedings in this matter were initiated on the basis of a letter of the applicant stating that 16 stone crushers were operating in District Nainital, Uttarakhand against environmental norms.

Procedural History

2. Vide order dated 27.05.2022, the Tribunal directed verification of the allegation by a joint Committee of State PCB and District Magistrate, Nainital and to furnish a report to this Tribunal. Accordingly, a report was filed on 03.10.2022 by the State PCB to the effect that out of sixteen units in question, seven were non-compliant, eight had not yet established though they have obtained NOC from the State and one had not even obtained NOC. Non-compliant units were given show cause notice for closure and levy of compensation. Eight stone crushers who had obtained NOC were directed not to establish the same without Consent to Establish. 3. Considering the said report, vide order dated 18.10.2022, the Tribunal directed impleading the 16 stone crushers as party and issued notice to them to file their response, if any. State PCB was also directed to file further response. State PCB filed reply dated 07.02.2022 to the effect that seven non-compliant units had since rectified their shortcomings and were now compliant. For past violations, compensation was to be proposed. 4. The matter was further considered on 08.02.2023. Since the State PCB had failed to give all the information in terms of order dated 18.10.2022, further affidavit was directed to be filed. Further affidavit was filed by the State PCB on 25.03.2023 giving the requisite information and further stating that proceedings were also pending before the Uttarakhand High Court in W.P. (PIL) No. 168/2019. State PCB is taking necessary regulatory measures. Status of stone crushers was placed on the website of Uttarakhand PCB, as per orders of this Tribunal.

5. The matter was last considered on 28.03.2023. The Tribunal noted that while seven units were declared compliant, material in support of the compliance had not been filed. Accordingly, the Tribunal constituted another Committee to verify facts.

Today(cid:146)s proceedings

6. In above background, matter has been put up today in view of I.A. no. 427/2023 filed by six out of seven stone crushers, declared by the PCB to be now compliant, alongwith their reply.

7. We have heard learned Counsel for the parties and perused the record.

8. Learned Counsel for the units in the IA and State PCB submit that since the said units are compliant, no re-verification is required in absence of any material to the contrary. Non-compliance earlier alleged, as per State PCB notice, was not providing interlocking, adequate height of DG sets and plantations. Violations with regard to interlocking and DG sets heights were rectified immediately. With regard to green belt, the defaulting unit in question had since provided the remaining layers. Thus, all the units were now compliant. The compliance status has been filed as Annexures A1 to A6 to the IA covering M/s Ashok Stone Crusher, M/s Pannu Stone Crusher, M/s Mahabali Stone Crusher, M/s New Ramnagar Stone Crusher, M/s AV Natural Pvt. Ltd. and M/s Guru Har Rai as follows:-

(cid:147)Annexure A1 NAME OF THE UNIT-M/S ASHOK STONE CRUSHER-