ORDER

1. Grievance in this application is against arbitrary classification of streams into perennial and non-perennial rivers for the purpose of setting up of stone crushers, screening plants, etc. According to the applicant, the mining policy to the extent of such classification violates the principle of (cid:145)Sustainable Development(cid:146) which is to be enforced by this Tribunal under Section 20 read with Section 15 of NGT Act.

2. Vide order dated 27.09.2022, the Tribunal sought response of the State in the matter.

3. Accordingly, the Secretary, Uttarakhand Administration has filed response dated 1.11.2022 to the effect that the matter is governed by 2020 Policy issued by the Mineral Development Department to regulate stone crushers, screening plants, mobile stone crushers, mobile screening plants, pulverizer plants, hot mix plants, ready-mix plants. The siting norms are based on nature of the rivers (cid:150) perennial and non-

perennial as follows:

(cid:147) Sl. Place Minimum Distance of No. Stone Crusher and Screening Plant

6. School, Educational Institute, Hospital, Nursing 300 meter Home etc.

7. Distance from Population 300 meter (cid:148)

4. We have heard learned counsel for the applicant but none appears for the State though response has been filed. We thus proceed to deal with the question whether location of stone crushers and other such units at distance of 50 meters from non-perennial rivers when such establishments are prohibited upto 500 meters from perennial rivers.

5. For reasons to be stated, we find it difficult to accept the rationale of the policy in laying down different distance for siting of such units on the basis of (cid:145)perennial(cid:146) and (cid:145)non perennial(cid:146).

6. Firstly, Water (Prevention and Control of Pollution) Act, 1974, does not distinguish (cid:145)stream(cid:146) as per definition under Section 2(j) which is reproduced below: (cid:147)2. DEFINITIONS.

xxx (cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)..xxx(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133)(cid:133).xxx (j)"stream" includes-

(i) river;

(ii) water course (whether flowing or for the time being dry);

(iii) inland water (whether natural or artificial);

(iv) sub-terranean waters;

(v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify in this behalf;(cid:148)

7. The prohibition under Section 24 against pollution of such streams applies to every stream (cid:150) whether perennial or non- perennial. Same reasoning has to apply to siting criteria as need for protection of both types of streams is same.

8. Secondly, as per (cid:145)the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016(cid:146) dated 7.10.2016 issued by MoEF&CC under Section 3 of the Environment (Protection) Act, 1986 for protection and management of river Ganga, definitions of basin, buffer area, catchment area, flood plain and riverbed do not make any distinction between perinneal and non-perinneal river, drain or water course. The same scheme needs to be followed. We further note that distances (cid:147)(A) From the bank of Ganga River District Haridwar, (B) From the bank of perennial river in other plains and (C) From the bank of non- Perennial river(cid:148) mentioned in the response dated 1.11.2022 filed by the Secretary, Uttarakhand Administration are against the distances mentioned in Uttarakhand Stone Crusher Policy, 2020 as quoted in Para

11.

9. Thirdly, the Tribunal has earlier dealt with an identical issue in relation to Himachal Pradesh in OA No. 358/2016, Bhag Singh vs. Union of India & Ors. Vide order