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2024 Supreme(Online)(NGT) 1860
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Satyagopal Korlapati, Expert Member
Karunath Pazing – Appellant
Versus
Arunachal Pradesh State Pollution Control Board – Respondent
Original Application No.10/2024/EZ
For the Applicant(s): None
For the Respondent(s): Mr. Surendra Kumar, Mr. Ashok Prasad, Ms. Amrita Pandey, Mr. Vikas Baisya
Stone crushing units cannot operate within 5 km of reserve forest per guidelines; prior invalid NOCs do not excuse violations; erring officials liable for departmental action and environmental compensation recovery.
Headnote:(A) Environment (Protection) Rules, 1986 - Schedule-I - Stone crushing units categorized under ‘Orange’ category - Must obtain Consent to Establish and Consent to Operate from State Pollution Control Board - Operation without requisite permissions and in violation of siting guidelines constitutes illegal activity. (Paras 7, 28)
(B) Arunachal Pradesh Stone Crusher Guidelines, 2012 - Para 6.1(d) - Minimum distance from reserve forest or wildlife sanctuary: 5 km or buffer zone - Location within 500 meters of reserve forest boundary renders unit non-compliant - Issuance of NOCs despite violations by authorities not condonable; deliberate omissions warrant departmental action. (Paras 20-24, 27-30)
(C) Environmental compensation - Payable for damage from illegal operations - To be recovered from erring officials and utilized for site restoration and afforestation. (Paras 31-32)
Facts of the case:
Applicant alleged illegal operation of stone crushing unit near river bridge without permissions and violating environmental siting norms, including proximity to national highway, human habitation, and reserve forest. Unit received initial NOCs and consents, later some cancelled; contradictions in official reports on distance from protected areas led to Tribunal scrutiny.
Findings of Court:
Unit located less than 500 meters from reserve forest boundary, violating 5 km minimum distance criterion. Despite bona fide reliance by operator on prior NOCs, operation prohibited; erring officials directed for departmental proceedings; environmental compensation to be assessed and recovered for restoration.
Issues: Whether stone crushing unit's location complies with siting guidelines, particularly distance from reserve forest; validity of issued NOCs amid contradictory official stands; accountability of authorities for violations and remedial measures.
Ratio Decidendi: Siting guidelines mandatorily prohibit stone crushers within 5 km of reserve forest; prior erroneous NOCs by officials do not legitimize illegal operations - deliberate concealments necessitate departmental action and compensation for environmental harm, prioritizing compliance over reliance.
Result: Application allowed; unit directed to cease operations and be removed; departmental proceedings against officials; environmental compensation for restoration - disposed of.
| Table of Content |
|---|
| 1. non-appearance of applicant noted (Para 1 , 2) |
| 2. allegations of illegal stone crushing (Para 3 , 4 , 5) |
| 3. pollution board permissions and compliance (Para 6 , 7 , 11) |
| 4. forest noc issuance and cancellation (Para 8 , 9 , 10 , 14 , 15 , 16 , 23 , 24) |
| 5. respondent's defenses and documents (Para 12 , 13 , 17 , 18 , 19 , 22) |
| 6. stone crusher guidelines distance criteria (Para 20 , 21) |
| 7. location violations and official lapses (Para 25 , 26 , 27) |
| 8. unit closure ordered (Para 28) |
| 9. departmental actions and compensation (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
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 ap
