Environmental protection laws require strict compliance with siting criteria for industrial operations, prioritizing public health and ecological standards over private interests, with the court empowered to enforce compliance.

Items No. 2 and 3 Court No. 2 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Execution Application No. 07/2025 In Original Application No. 151/2023 WITH Misc Application in Disposed of Cases No. 42/2025 In Original Application No. 151/2023 Hassina Wajid (Sarpanch) Applicant Versus State of Jammu & Kashmir & Ors. Respondents Order reserved on : 09.05.2025 Order pronounced on : 26.05.2025 CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER Execution Applicatio n No. 07/2025 Applicant: Mr. Prakash Pandey, Advocate for the Applicant (through VC).

Respondents: Mr. Gautam Singh, Counsel for respondents no. 1 and 4.

Ms. Suhasini Sen and Ms. Masooma Rizvi, Advocates for respondent no. 2.

Mr. Srinivas Vishwen, Advocate for respondent no. 3.

Mr. Ghansham Singh, Member Secretary, J&KPCC (through VC)-

for respondent no.5.

Mr. Rahul Khurana and Mr. Hasil Jain, Advocates for respondents no. 6 to 8.

Misc Application in Disposed of Cases No. 42/2025 Applicants: Mr. Rahul Khurana and Mr. Hasil Jain Advocates for Applicants- respondents no. 6 to 8.

Respondents: Mr. Gautam Singh, Advocate for respondents no. 1 and 4.

Ms. Suhasini Sen and Ms. Masooma Rizvi, Advocates for respondent no. 2.

Mr. Srinivas Vishwen, Advocate for respondent no. 3 (through VC).

Mr. Ghansham Singh, Member Secretary, J&KPCC.

ORDER

1. The applicant has filed Execution Application No. 7/2025 for execution of order dated 04.09.2024 passed by this Tribunal in Original Application No. 151/2023, Hassina Wajid (Sarpanch) Vs.

State of Jammu & Kashmir and Others

2. Respondent no. 6-M/s. Dewan Stone Crusher, respondent no. 7-M/s. Shahzad Shubnum Contractor Hotmix Plant and respondent no.8 Shahzad Shabnam have filed M.A. No. 42/2025 in O.A. No. 151/2023 seeking approval of this Tribunal for the grant of CTO and for seeking further directions in this regard to the J&KPCC on the basis of recent report dated 27.12.2024 filed by J&KPCC in pursuance of Hon’ble Supreme Court order dated 23.09.2024 passed in Civil Appeal No. 10655/2024 titled as M/s. Dewan Stone Crusher and others Vs. State of J&K (UT) and others

3. The facts giving rise to the filing of the above-mentioned execution application and miscellaneous application may be referred to before dealing with the above said applications.

4. The applicant-Hassina Wajid, Sarpanch, Gram Panchayat Chaktroo, Tehsil Havali, District Poonch, Jammu and Kashmir (J&K) filed Original Application No. 151/2023 titled as Hassina Wajid (Sarpanch) Vs. State of Jammu & Kashmir and Others complaining that respondent no. 6- M/s. Dewan Stone Crusher, respondent no. 7- M/s. Shahzad Shubnum Contractor Hot Mix Plant and respondent no. 8- Shahzad Shabnam were operating stone crusher/hot mix plant in violation of environmental laws and carrying on illegal mining and thereby causing damage to environment. Respondents 6, 7 and 8 have established the stone crusher at a distance of just 100-200 meters from residential area and adjoining to agriculture land which is main source of livelihood of villagers of village Chaktroo against the rule that no stone crusher can be established upto 500 meters from the residential area. No Objection Certificate was obtained from the concerned Deputy Commissioner. There is no wind breaking brick wall/GI Sheet constructed surrounding stone crushers. No dust containment cum suppression system has been set up. No metalled road has been constructed for transportation. No green belt area has been developed in the periphery of stone crushers. Stone crusher is operating continuously for 24 (cid:215) 7 in utter violation of Statutory Rules. Respondents no. 6 to 8 are dumping waste in water body of Mandi Nalla (river).

5. The above said O.A was disposed of by this Tribunal vide order dated 04.09.2024. In its order this Tribunal observed that the case involved the following questions relating to environment:- (I) Whether site of stone crusher and hot mix plant complies with the requirement of Rul