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2025 Supreme(Online)(NGT) 63
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
MR. JUSTICE B. AMIT STHALEKAR, DR. SATYAGOPAL KORLAPATI, JJ
KARUNATH PAZING – Appellant
Versus
ARUNACHAL PRADESH STATE POLLUTION CONTROL BOARD – Respondent
10/2024 / KOLKATA
Mr. Surendra Kumar, Advocate for R-1, Mr. Ashok Prasad, Advocate for R-2,3,8,9,10 & 11, Ms. Amrita Pandey, Adv. for R-4, Mr. Vikas Baisya, Adv. for R-13
The operation of a stone crushing unit without necessary permissions and in violation of environmental guidelines is illegal, necessitating closure and departmental action against responsible officials.
Headnote:(A) Environmental (Protection) Act, 1986 - Arunachal Pradesh Stone Crusher Guidelines, 2012 - Allegation of illegal operation of a stone crushing unit without necessary permissions and in violation of environmental guidelines - NOC granted and subsequently cancelled - Unit located within prohibited distances from sensitive areas - Environmental compensation directed for damage caused. (Paras 1-34)
(B) Environmental Compliance - The court emphasized the necessity of adhering to environmental guidelines and the consequences of non-compliance, including departmental proceedings against officials involved in the issuance of NOC. (Paras 28-31)
Facts of the case:
The Applicant alleged that the Respondent's stone crushing unit operated illegally near Siku River Bridge without proper permissions, violating environmental guidelines regarding distance from highways and human habitation. The NOC was granted but later cancelled due to non-renewal and location violations.
Findings of Court:
The court found that the stone crushing unit was indeed operating within prohibited distances from the Mebo Reserve Forest and directed its removal.
Issues: The main issues included the legality of the stone crushing unit's operation, adherence to environmental guidelines, and the responsibility of officials in issuing NOCs.
Ratio Decidendi: The court ruled that the stone crushing unit's location violated the Arunachal Pradesh Stone Crusher Guidelines, necessitating its closure and departmental action against negligent officials.
Result: The stone crushing unit is ordered to cease operations and be removed from the site.
ORDER
1. The allegation of the Applicant in the present Original Application is that the Respondent No.13, M/s Balaji Minerals, is carrying on illegal operation of Stone Crushing Unit near Siku River Bridge under Mebo Circle, District-East Siang, without necessary permissions from the Government authorities and in violation of the environmental guidelines.
2. It is stated that No Objection Certificate (‘NOC’ for short) was granted on 14.02.2023 by the Divisional Forest Officer, Pasighat Forest Division, Pasighat, but the same was subsequently cancelled on 06.11.2023 by the same officer. It is also stated that the Consent to Establish/Consent to Operate order has been granted by the Arunachal Pradesh State Pollution Control Board vide certificate dated 25.06.2021.
3. The allegation further is that the said Stone Crusher Unit of Respondent No.13 is located 300 meters from the National Highway and 400 meters from the Siku Notko Resort whereas as per environmental guidelines it should be installed at a distance of at least one kilometer from the National Highway and half a kilometer from human habitation.
4. It is also alleged that as of today, there is no Forest Clearance from the Forest Division. The pollution control measures i.e. dust containment-cum-suppression system for the equipment, construction of wind breaking walls, regular cleaning and wetting of the ground within the premises and greenbelt along the periphery, have not been installed by the Respondent No.13.
5. It is also stated that the Applicant has submitted representation before the Additional Deputy Commissioner, Mebo, East Siang District, as well as the District Forest Officer (T), Pasighat Forest Division, and the Assistant Mineral Development Officer, Pasighat, on 31.10.20223 (page 28 of the paper book), but no order has been passed till date.
6. The Arunachal Pradesh State Pollution Control Board, Respondent No.1, has filed affidavit dated 18.03.2024 and it is stated that the NOC has been issued by the Assistant Mineral Development Officer (ADMO), Department of Geology & Mining, East Siang District, vide letter dated 23.06.2021 (page 101 of paper book) as the Respondent No.13 Stone Crushing Unit is at a distance of about 300 meters from the National Highway/State road. Along with the affidavit, photographs have also been filed showing the premises of the Respondent No.13, Project Proponent, which confirms stone crushing activity of the Respondent No.13.
7. The Ministry of Environment, Forest and Climate Change, Respondent No.4, in its affidavit of 09.04.2024 has stated that stone crushing units should operate only after obtaining Consent to Establish (CTE) and Consent to Operate (CTO) from the concerned State Pollution Control Boards/Pollution Control Committees. It is also stated that the stone crushing units fall under Schedule-I of the Environment (Protection) Rules, 1986, and are categorized under ‘Orange’ category vide Central Pollution Control Board order dated 07.03.2016 with a Pollution Index Score of 41 to 59 in a Pollution Index Range from 0 to 100.
8. The Deputy Conservator of Forests (Conservation), Department of Environment, Government of Arunachal Pradesh, has filed affidavit dated 15.07.2024 on behalf of the Respondent No.2, stating therein that the NOC dated 14.02.2023 of the Stone Crusher Unit of Respondent No.13 was issued by the Divisional Forest Officer, Pasighat, as per the application of the Respondent No.13 on the strength of physical verification report of the Range Officer, Mebo. However, it is stated that the said NOC was subsequently cancelled by the Divisional Forest Officer, Pasighat, vide letter dated 06.11.2023, since the Stone Crusher Unit of Respondent No.13 did not renew the NOC as per letter dated 16.09.2023.
9. With regard to the representation submitted by the Applicant, it is stated that the said representation was received in the Office on 01.11.2023 by which time the NOC given to the Respondent No.13 had already been cancelled
