ORDER

1. Grievance in this application is violation of environmental norms in operation of stone crushers by Maa Nanda Stone Crushers, Village Ratoura, Kasba Betaalghaat, District Nainital, Baijnath Stone Industries Jai Singh Building, Bareilly Road, Haldwani and Maa Girija Stone Crushers Village Ratoura, Kasba Betaalghaat, District Nainital, Uttarakhand. According to the applicant, the stone crushers are adjacent to the river Kosi which originates in the hills of District Almora and merges somewhere in river Ramganga in the plains of Chamraul, Uttar Pradesh, adversely affecting the water and air. The operation of stone crushers is in violation of the (cid:147)Stone Crusher, Screening Plant, Mobile Stone Crusher, Mobile Screening Plant, Hot Mix Plant, Readimix Plant Policy, 2019(cid:148) laying down minimum distance from the river, requirement of water sprinklers to neutralize the dust and installing Dust and Noise Control Devise. Transportation of the stones is also without requisite precautions against air pollution. Untreated toxic effluents are discharged into the local stream which is source of drinking water.

2. Vide order dated 24.06.2021, the Tribunal constituted a joint Committee of CPCB, State PCB, SEIAA, Uttarakhand and the District Magistrates concerned, Nainital, to undertake visit to the site, ascertain the compliance status of functioning of the said stone crushers and give a factual and action taken report.

3. Accordingly, the joint Committee has filed its report dated 17.08.2021 giving status of compliance and recommendations as follows:

(cid:147)1. M/s Sri Maa Nanda Crusher, Naini Chowk, Betal Ghat, Vill. Darmin, Betalghat, Distt.

I. M/s Sri Maa Nanda Crusher (hereafter referred as "the unit") is spread over an area of 2.138 Ha {Khasra no.71-,72,73,74 of khata no. 19 (for stone crusher) and Khasra no. 78,79,80b,99,105,106,121,122,123,100a,124,101,103 and 104 of Khata No. 4,16,19,24,25). The unit has crushing capacity of 200 Ton Per Day, which is further increased to 45 Ton/Hr vide UKPCB order dated 07.12.20L8. During inspection, the unit was in operation. The process flow chart of the unit is attached as Annexure-2

II. As informed by the unit representative, the operating hours of the unit is 8.00AM to 6.00 PM.

III. The unit has been granted permission for installation of stone crusher on 01.07.2015 from industrial Development Section, Govt. of Uttarakhand for the period of 03 years, which is further renewed on 05.03.2019 for 05 years (19.11.2016 to 18.11.2021).

IV. District Magistrate, Nainital granted permission for storage of mineral on 25.03.2017, which was valid upto 05 years or renewal of stone crusher. The unit was granted storage capacity of minerals of 61140 Cu. M (one time) and 100000 Cu. M (Annual), which is reduced to 50,694 Cu. M (one time) and 85000 Cu. M(Annual) vide order dated 04.05.2019 for the period upto 18.11.2021.

V. The unit has been granted permission for installation of stone crusher as per state govt. policy namely (cid:147)Stone Crusher, Screening Plant and Pulverizer Policy, 2011 for Himalayna Region of Uttarakhand(cid:148) (hereafter referred as state policy 2011 (Annexure-3).

VI. The unit receives raw material (dust, stone, sand etc.) through auction by the District Administration, which is stored in the unit premises. During inspection, approx. 45660.61 Ton of raw material was found stored in the unit premises as per details submitted by the unit on the portal of Geology and Mining Unit, Directorate of industries, Uttarakhand (Annexure-4). Details of purchase and sale for the financial year 2020-2021 and 2021-2022 (till 16.08.2021) of the unit is attached as Annexure-5.

VII. The unit has been granted Consent to establishment of stone crusher on 19.05.2017 The unit has been granted CCA (Consolidated Consent & Authorization) by UKpCB, which is valid upto 18.11.2021 for crushing capacity of 45 MT/Hr.(11250 MT/Month).

VIII. The unit is meeting its fresh water requirement through one borewell. M