Item No. 12 Court No. 2 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No. 627/2024 (I.A. No. 570/2024)

Gopal Chandra Vanwassi Applicant Versus Uttarakhand Pollution Control Board & Ors. Respondent(s)

Date of hearing: 07.01.2025 CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicant: None Respondent: Ms. Anjali Rajput Advocate for respondent no. 2 (through VC)

Mr. Mukesh Verma and Ms. Vatsala Tripathi, Advocates for UKPCB (through VC)

ORDER

1. This Original Application (hereinafter referred to as “OA”) was registered in exercise of suo-moto jurisdiction, in view of law laid down by Supreme Court in (2022) 13 SCC 401, Municipal Corporation of Greater Mumbai v. Ankita Singha & Ors., pursuant to a letter petition dated 16.05.2024 sent by Gopal son of Madan Ram resident of Village Ritha, Post Kandhar, Tehsil Garud, District Bageshwar, State of Uttarakhand.

2. Complainant has said that one Abhyuday Stone Crusher is operating at Tharaali and Kulsaari, District Chamoli, State of Uttarakhand in violation of environmental norms; discharging dirty water in river and it is located near Pinder River in violation of norms of Mining Department.

3. Cognizance was taken by this Tribunal on 29.05.2024 and in the light of complaint made in the letter petition, following were impleaded as respondents:

(1). Member Secretary, Uttarakhand Pollution Control Board.

(2). District Magistrate, Bageshwar, Uttarakhand.

(3). Abhyuday Stone Crusher, Village Tharaali/Kulsaari, District Chamoli, Uttarakhand.

4. Tribunal also directed Uttarakhand Pollution Control Board (hereinafter referred to as “UKPCB”) to submit a comprehensive report indicating compliance of norms by Project Proponent, i.e., Respondent No. 3 and also on truthfulness of allegations made in the letter petition.

5. Member Secretary, UKPCB has submitted comprehensive report vide letter dated 05.09.2024 giving following details and its observations are as under:

1	Name of Stone Crusher/Screening Plant		: M/s Abhyuday Stone Crusher, Village Sunala, Tehsil-Tharali, Distt. Chamoli Garhwal
2	Date of License	:	14-12-2016 and renewed on 24-9-2021
3	Period of License	:	10 year
4	Site Details	:	Khasra no- 555, 556M, 557, 561M, 562M Village Sunala, The. Tharali
5	Area (Ha)	:	0.132 Hectare
6	Location/GPS Reading	:	Lat.- 30.089167 Log.- 79.474957
7	Land Status (Revenue/ Private/Forest/Govt. Land)	:	Private
8	Distance from the following (Stone Crusher Policy 2015): At the time of permission
		: Minimum	Distance Required	Actual Distance
	A. Government Forest:		10 meter	100
	B. River (Perennial):	:	Zero	32 meter
	C. River (Non Perennial):	:	Zero	NA
	D. Public Worship Place:	:	25 meter	2.5 km
	E. Educational Institute/Hospital	:	50 meter	2.5 km

	Nursing Home:
	F. Settlement	:	50 meter 200 meter
9	Industry/Unit Category (Red/Orange/Green)	:	"Orange"
10	Industry/Unit Capacity (MT/Day)	:	20 ΤΡΗ
11 Total	Operational Period in a week	:	8 to 10 hr per day
12 Machinery	and Equipment engaged	:	Jaw crusher, rotavator, pulvirizer, conveyor Installed
	13 Source of Electricity and Load Capacity	:	Connection obtained from UPCL
14 Total	Manpower /Labor Engaged	:	15
	16 Water usage/Day and Source	:	Domestic-1 KLD- Jal sanstahn Industrial- 96 KLD-Pinder river
18 Whether	Environment Clearance granted (if yes then date)	:	Not Applicable
20	Date of CTO granted	:	2.05.2022 for the operation of Stone Grits 6000 MT/Month
21	Validity date of CTO	:	Up to 31.03.2027
24	Any other site specific details	:	Crusher located on Karnprayag-Gwaldam Road on the Bak of Pinder river, A tributary of River Alakananda

Inspection Note/Observations During inspection observation in respect to pollution control measures under Environment (Protection) Act 1986.

1. Unit has p

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