Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 1754

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Justice Sheo Kumar Singh, J, Dr. A Senthil Vel, ACJ
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

Consent to operate under the Air Act requires demonstrable compliance with environmental regulations, and failure to establish actual harm or legal standing renders the application unmaintainable.

Headnote:(A) Air (Prevention and Control of Pollution) Act, 1981 - Sections 21(4) and 31A - Consent to operate granted to M/s Laxmi Stone Crusher - Contention raised regarding proximity of operation to residential area and prior directions for closure - Court held that applicant failed to demonstrate actionable harm or locus standi as required under Sections 14, 15, 17, and 18 of the National Green Tribunal Act, 2010. (Paras 1, 12, 16, 24)

(B) Maintainability of original application - Court found no merit in the contention that the State Pollution Control Board acted beyond its powers in revoking the closure order; the procedural requirements for filing an appeal were highlighted, suggesting the application was premature. (Paras 3, 8, 25)

Facts of the case:
The applicant challenged the order of the State Pollution Control Board granting consent to operate for a stone crusher located near a residential area, claiming non-compliance with environmental regulations following earlier closure orders issued by the Board.

Findings of Court:
The court found the application to be unmaintainable due to lack of credible evidence demonstrating harm and emphasized that the plaintiff failed to establish a factual basis for the grievances raised.

Issues: Whether the application raised valid grievances about the operation of the stone crusher in violation of earlier orders or regulations, and the maintainability of the application under the given statutes.

Ratio Decidendi: The court ruled that without demonstrable harm or compliance with the jurisdictional requirements under the National Green Tribunal Act, the original application could not proceed.

Result: Application dismissed.

Table of Content
1. consent to operate granted under air act. (Para 1 , 2)
2. objections raised against consent issuance. (Para 3 , 5 , 6)
3. hearing and records reviewed. (Para 4 , 8)
4. inspections confirm compliance for new consent. (Para 10 , 12)
5. counterarguments against applicant's claims. (Para 15 , 16)
6. application dismissed; alternate remedy available. (Para 17)

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

Sources of fugitive Emissions	Pollution Control Measures	Prescribed
		Parameter	Standard
Stone Crusher	1. Construction of metalled or hard	SPM	600 μg/m3 to be

	surfaced roads within the premises 2. Construction of wind breaking walls 3. Dust containment cum suppression system for the equipment 4. Growing of a green belt along with Periphery 5. Regular cleaning and wetting of the ground within the premises		measured at a distance of 3 to 10 meters from any process of a stone crushing mech

surfaced roads within the premises 2. Construction of wind breaking walls

3. Dust containment cum suppression system for the equipment

4. Growing of a green belt along with Periphery 5. Regular cleaning and wetting of the ground within the premises

measured at a distance of 3 to 10 meters from any process of a stone crushing mech

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 th

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2025 Supreme(Online)(NGT) 1754

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

Consent to operate under the Air Act requires demonstrable compliance with environmental regulations, and failure to establish actual harm or legal standing renders the application unmaintainable.

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