The court confirmed that the operational stone crusher complied with all necessary legal requirements, including environmental standards and permissions, dismissing claims of illegal operation.

JUDGMENT

1. Issue raised in this application is illegal stone crusher machines operating in Alwar District including Bhiwadi without consent to operate and these illegal stone crusher units are affecting health and life of not only the people of the locality, but also the animals including cattle stock and agricultural land of the area. These illegal stone crusher units are causing air pollution, sound pollution as well as health pollution in the locality and the Pollution Control Board has not given consent for operating the illegal stone crusher unit respondent no. 7 without taking into consideration these aspects of the matter. In fact Alwar District falls in National Capital Project Region of the country and for stopping the pollution in National Capital Region the Hon’ble Supreme Court and the National Greens Tribunal, Forest Ministry, Environment Ministry of Government of India and Forest Department have been issuing instructions from time to time for stopping such pollution by such stone crusher units.

2. The matter was taken up by this Tribunal and notices were issued to the respondent for submission of reply and a committee consisting the representative of the Collector, District - Alwar, representative of the Deputy Conservator Of Forest, Forest Department, Alwar and one representative from the Rajasthan State Pollution Control Board was constituted with direction to submit the factual and action taken report. In compliance thereof, the respondent nos. 1, 2, 3, 4, 5, 6 and 7 have filed the reply. The report of the joint committee and reply on that are on record. Heard Learned Counsel for the parties and perused the record.

3. The submission of the Learned Counsel for the applicant are that stone crusher functioning at Khasra No. 332 in the name of M/s Maa Santoshi Grit Udyog, Alwar, Tehsil Rajgarh, District-Alwar was found to be in the forest land and some part of it was in Khasra No. 331 which is recorded as Gair Mumkin Pahar in the name of forest department and Khasra No. 183 is of Abadi of Village Bahali.

4. That mining lease is allotted in 613/90. Khasra Nos. 328 and 329 are lands of S.T. and are in mining lease of 301/90, which is not permissible. Mandir Muafi land is in Khasras Nos. 437 and 438. These lands also cannot be allotted for mining lease, but have been allotted to respondent No. 7 in mining lease, which is illegal. Khasra No. 450 ’Gair Mumkin Pahad’ also cannot be allotted for mining purpose, but respondent No. 7 is doing mining in this Khasra number also. Lime stone is being crushed into missionary stone and then sold, which is diminishing the utility of the mineral and the Government is being put to loss of royalty. Rajgarh Tehsil is in N.C.R. and this respondent No. 7 Crusher Unit is also in N.C.R., which is oprohibited. Blasting is done for mining, due to which the water level is going down.

5. That aggrieved by the above, the applicant filed a Public Interest Litigation being D.B. Civil Writ Petition No. 6931/2022 (PIL) before the Hon’ble Rajasthan High Court, Jaipur Bench, Jaipur. However, the said writ petition was disposed of in view of the directions issued by a Division Bench of the Hon’ble Rajasthan High Court in the matter of Jagdish Prasad Meena and others Vs. The State of Rajasthan and others , D.B. Civil Writ Petition (PIL) No. 10819/2018 disposed of by order dated 30.01.2019 directing for creation of Public Land Protection Cell (PLPC) for rural areas in every district. The applicant was given liberty to make a representation before the PLPC and the respondents were directed to decide the same within a period of 2 months.

6. In compliance of the above