Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 1625

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, J, A Senthil Vel, EM
Bhagirath Meena – Appellant
Versus
The State of Rajasthan – Respondent
Original Application No.222/2024(CZ)

Advocates:
For the Appellants/Petitioners: Mr. Lokendra Singh Kachhawa
For the Respondents: Mr. Shoeb Hasan Khan, Mr. Rohit Sharma, Ms. Amrita Mishra, Mr. Shantanoo Saxena, Mr. Pranjal Karera, Mr. Ashwin Rastogi

The tribunal dismissed the application for lack of evidence substantiating environmental harm, emphasizing the need for demonstrable injury to establish standing under the National Green Tribunal Act.

Headnote:(A) Air (Prevention & Control of Pollution) Act, 1981 - Sections 21(4) and 31 A - The State Pollution Control Board granted consent to M/s Laxmi Stone Crusher to operate a stone crusher plant but faced objections regarding compliance with land conversion rules and pollution control standards. The applicant challenged the maintainability of the appeal against the order. The tribunal determined that as the applicant did not provide evidence of environmental harm or personal injury, the application was not maintainable under Sections 14, 15, and 18 of the National Green Tribunal Act, 2010. (Paras 5, 6, 12, 18, 24)

(B) Standards of Evidence and Locus Standi - The application must demonstrate actionable claims, including actual damage or injury for standing under the National Green Tribunal Act. In this case, the applicant failed to substantiate claims with evidence. (Para 16)

Facts of the case:
The applicant challenged the State Pollution Control Board's grant of consent for a stone crusher located within 550-600 meters of residential areas, citing non-compliance with land conversion requirements and pollution control measures.

Findings of Court:
The tribunal dismissed the application based on lack of maintainability due to inadequate evidence of harm.

Issues: The key issues revolved around the maintainability of the appeal and the existence of jurisdiction to revoke consent under the Air Act.

Ratio Decidendi: The tribunal ruled that the application lacked statutory support requiring demonstration of injury or damage and affirmed that the applicant must utilize available appeal mechanisms.

Result: Application dismissed.

Table of Content
1. consent to operate under air act issued (Para 1 , 3)
2. allowed challenges against rspcb actions (Para 5 , 6)
3. concerns over environmental compliance raised (Para 7 , 8 , 9)
4. application for consent directly linked to past violations (Para 10 , 12)
5. land use compliance established by khasra records (Para 13 , 14 , 15)
6. no evidence of environmental harm presented (Para 16 , 17)
7. efficacious remedy available through appeal process (Para 18 , 19 , 20)
8. regulatory compliance obligations emphasized (Para 21 , 22 , 23)
9. application dismissed for lack of merit (Para 25)

JUDGEMENT

1. The State Pollution Control Board Rajasthan vide order dated

23.07.2024 considered the application of consent to operate applied by M/s Laxmi Stone Crushers, Rajgarh District Alwar (Rajasthan)

and passed the order as follows :

Sub : Consent to Operate under Section 21 (4) of the Air (Prevention & Control of Pollution) Act,1981.

Ref: Your application for Consent to Operate dated 29/01/2024 and subsequent correspondence.

Sir, Consent to Operate under the provisions of Section 21 /(4) of the Air (Prevention & Control of Pollution) Act, 1981, (hereinafter to be referred as the Air Act) as amended to date and rules & the orders issued thereunder is hereby granted for your Laxmi Stone Crusher plant situated at Village Joneta Khasra No Village Joneta Tehsil: Rajgarh District: Alwar , Rajasthan, subject to the following conditions:-

1 That this Consent to Operate is valid for a period from

29/01/2024 to 31/12/2033

2 That this Consent is granted for manufacturing / producing following products / by products or carrying out the following activities or operation/processes or providing following services with capacities given below:

Particular Type Quantity with Unit Stone Grit & Dust Product 150.00 TPD

3. That this Consent to Operate is for existing plant, process & capacity and separate Consent to Establish/Operate is required to be taken for any addition / modification / alteration in process or change in capacity or change in fuel.

4. That the industry shall maintain the following pollution control measures & fugitive emission standards

5. That this consent is being issued in accordance with the documents/information submitted by the proponent with the consent application, State Board’s office order dated 28/08/2023 and RSPCB, Jaipur letter dated 29/12/2023.

2. Vide order dated 24.07.2024 State Pollution Control Board Rajasthan further issued an order on the application of the Project Proponent that the State Pollution Control Board office has granted consent to operate under the provisions of Air (Prevention & Control of Pollution) Act, 1981 vide order dated 23.07.2024, therefore direction for closure issued under Section 31 A of the Air (Prevention & Control of Pollution) Act, 1981 is hereby revoked.

3. Aggrieved by the above order the applicant has filed this application.

At the stage of admission an objection has been raised that the appeal is maintainable. Respondent has also filed the reply and challenged this application on the ground of maintainability and submitted that the O.A. is not maintainable.

4. Heard the learned counsel for the parties and perused the records.

5. The submission of the Learned Counsel for the applicant are that on

29.01.2024 the respondent no. 6 applied for grant of Consent to Operate for the same stone crusher at the same place which was earlier adjudicated by this Hon’ble Tribunal. The Rajasthan State Pollution Control Board without considering the fact that there was no change in circumstances with respect to establishment & operation of the stone crusher within 500-600 meters of the residential area Janeta Village, further the crusher being operated in violation of the conversion order, which is already sub-judice before the Court of Learned Sub-Divisional Magistrate, Rajgarh, Alwar, issued Consent to Operate vide letter dated 23.07.2024 and that That the Rajasthan State Pollution Control Board vide letter cum order d

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2025 Supreme(Online)(NGT) 1625

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)Sheo Kumar Singh, J, A Senthil Vel, EMBhagirath Meena – AppellantVersusThe State of Rajasthan – RespondentOriginal Application No.222/2024(CZ)

The tribunal dismissed the application for lack of evidence substantiating environmental harm, emphasizing the need for demonstrable injury to establish standing under the National Green Tribunal Act.

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, J, A Senthil Vel, EM
Bhagirath Meena – Appellant
Versus
The State of Rajasthan – Respondent
Original Application No.222/2024(CZ)