ORDER

1. The matter has been taken up in continuation of order of the Tribunal dated 16.12.2021 in the light of order of the Hon(cid:146)ble Supreme Court dated 18.11.2021 in Civil Appeal No.218 of 2021, Tejinder Kumar Jolly & Anr. Vs. State of Uttarakhand & Ors, setting aside order of the Tribunal dated 27.8.2019 and remanding the matter to the Tribunal for adjudication of the issue.

2. The question is whether the stone crushers in question can be allowed to continue within prohibited distance of siting norms merely on the ground that the siting norms are subsequent to setting up of the stone crushers.

3. Vide order dated 16.12.2021, the Tribunal observed:

(cid:147)(cid:133)(cid:133)

5. Accordingly, we proceed on the basis that the policy applicable currently is to apply to pre existing units also. Present matter is covered by inter partes order. We find merit in the contention that the (cid:145)Precautionary(cid:146) and (cid:145)Sustainable Development(cid:146) principles have been held part of the domestic law of the country and referable to Article 21 of the Constitution in (1996) 5 SCC 547, Vellore Citizen Welfare Forum v. Union of India & Ors. and there can be no exemption at th