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2022 Supreme(Online)(NGT) 680

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
SANJAY KUMAR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioner:ADVOCATE NANDITA BANSAL
For the Respondent:

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

1. Government Forest
2. (A) From the bank of Ganga River District Haridwar
(B) From the bank of perennial river in other plains
(C) Fr

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