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2025 Supreme(Online)(NGT) 1788
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. PRAKASH SHRIVASTAVA, CJ, HON’BLE DR. A. SENTHIL VEL, ACJ
Mahendra Singh – Appellant
Versus
State of Haryana & Ors. – Respondent
Original Application No. 667/2018|Original Application No. 679/2018|Original Application No. 599/2019|Original Application No. 1385/2024
Mr. Devesh Kumar Agnihotri, Adv. for Applicant in OA 679/2018, Mr. Rahul Khurana, Adv. for R - 1 to 8, Mr. Vijay Chaudhary, RO, HSPCB, Mahendergarh, Mr. Anju, AEE, HSPCB, Mahendergarh in OA 667/2018 & OA 679/2018, Mr. Tarun Gupta & Mr. Hirday Virdi, Advs. in OA 599/2019, Mr. Aman Bhalla, Adv. for CPCB in OA 599/2019 (Through VC), Mr. Saurabh Rajpal, Adv. for R - 33 in OA 667/2018, Mr. Kapil Sagar, Adv. in I.A No. 143/2025, Mr. Somvir Singh Deswal & Mr. Abhishek Deswal, Advs. in I.A No. 120/2023, Ms. Pallavi Singh, Adv.
The Tribunal ruled that operational stone crushers causing air pollution must adhere to siting criteria and comply with environmental norms, emphasizing immediate action against non-compliance and imposition of compensation on violators.
Headnote:(A) Air (Prevention and Control of Pollution) Act, 1981 - Environmental norms - Violation of siting criteria by stone crushers - Several applications filed alleging environmental harm and public health impact due to dust emissions - Findings revealed multiple non-compliant units operating against prescribed norms - D.C. directed to ensure immediate closure and compliance relief for affected areas. (Paras 1-30)
(B) Precautionary Principle - Absence of carrying capacity for the operation of stone crushers - Environmental compensation fixed at Rs. 20 Lakhs per unit under 'Polluter Pays' principle, applicable retroactively for five years. (Para 18.1, 18.13)
(C) Environmental justice - Measures mandated for safeguarding public health and restoration of the environment - Regular monitoring and compliance reports to be submitted by authorities. (Paras 9, 12, 14)
| Table of Content |
|---|
| 1. violation of environmental norms by stone crushers. (Para 1 , 2 , 3 , 4 , 5) |
| 2. tribunal's procedural actions for enforcement. (Para 6 , 10) |
| 3. observations on inadequacies in enforcement. (Para 7 , 8 , 9) |
| 4. emphasis on precautionary principles and carrying capacity. (Para 11 , 12 , 13) |
| 5. determination of financial liabilities for environmental damage. (Para 16 , 17 , 19 , 20 , 21) |
| 6. final directions and closing of applications. (Para 28 , 29) |
ORDER
1. These original applications relate to violation of environmental norms under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 by the stone crushers operating in Mahendragarh District in Haryana. There is an allegation that the air quality in the area does not have the assimilative capacity to sustain them resulting in serious environmental harm and ill effect on public health.
2. In OA No. 667/2018, the allegation of the Applicant is as against the setting up of a stone crusher unit in Village Karota, Tehsil Narnaul, District Mahendragarh, Haryana by Respondents No. 9 and 10 in violation of the siting criteria in the range of Aravali hills and its plantation. The Applicant has also alleged violation of environmental norms by Respondents No. 9 and 10. The Applicant has inter-alia prayed for imposition of the environmental compensation against the Respondents No. 9 and 10 for causing air pollution by emitting dust in the air and setting up the stone crusher in violation of the norms.
3. In OA No. 679/2018, the grievance of the Applicant is as against the alleged illegal setting up of stone crusher by Respondent No. 9 in Village Khatoli Jat, Nangal Choudhary, District Mahendragarh in violation of the siting criteria. The Applicant had alleged that the distance of Respondent No. 9, stone crusher from the Aravali Plantation Kila No. 8 is approximately 85 meters as against the required 100 meters as per the siting criteria. The Applicant had also alleged the violation of the environmental norms by Respondent No. 9. The Applicant had inter-alia prayed for imposition of the environmental compensation against the Respondent No. 9 for causing air pollution by emitting dust in the air and setting up the stone crusher in violation of the norms.
4. In OA No. 599/2019, the allegation of the Applicant was in respect of setting up of the mineral grinding industry by the Respondent No. 5 and running of several such industries near Village Bayal, District Mahendragarh in violation of the norms and causing air and dust pollution. The Applicant had inter-alia prayed for imposition of the environmental compensation against the Respondent No. 5 for causing air pollution by emitting dust in the air and setting up the stone crusher in violation of the norms.
5. OA No. 1385/2024 was registered suo motu on the basis of the news item titled “living under a dust blanket” appearing in ‘The Hindu’ dated 05.12.2024 disclosing the grim reality of pollution in Mahendragarh, Haryana and alleging unchecked stone crushing operations in the area which had created severe health, environmental and social challenges.
6. In the above four original applications, the Tribunal had issued directions from time to time, had formed joint Committees and examined the reports of the joint Committee.
7. The Tribunal by order dated 20.09.2018 passed in OA No. 667/2018 had formed a joint Committee and had called for its report. The report of the joint Committee was considered by the Tribunal in the proceedings dated 12.12.2018 and certain anomalies were noticed. Hence, by order dated 12.12.2018 the joint Committee was directed to carry out the inspection of the stone crushers in District Mahendragarh as under:
“xxx ………………………………..xxx………………………………….xxx
5. We also direct joint inspection of the stone crushers in the District of Mahendergarh by a Joint Committee of District Magistrate Mahendergarh, representatives of Central Pollution Control Board and HSPCB.
