Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 2012

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Shri Sheo Kumar Singh, J, Dr. A. Senthil Vel, EM
Dulli Chand Meena – Appellant
Versus
The State of Rajasthan through the Secretary to the Government, Mines Department & The Mines Engineer Mines and Geology Department & The District Collector Alwar & The Regional Officer Rajasthan Pollution Control Board & The Sub Divisional Officer and Sub Divisional Magistrate Rajgarh & The Deputy Conservator of Forest Forest Department & M/s Maa Santoshi Grit Udyog – Respondent
Original Application No. 72/2024(CZ)

Advocates:
For the Appellants/Petitioners: Mr. Prahlad Singh
For the Respondents: Mr. Shoeb Hasan Khan, Mr. Rishab Kumar, Mr. Vaibhav Thakuria, Ms. Vanshika Dubey, Mr. Lokendra Singh Kachhawa

The court established that compliance with mining and environmental regulations is essential, and local grievances about noise and dust do not invalidate legal operations as long as relevant consents are in place.

Headnote:(A) Environment Protection Act, 1986 - Section 2 - Rajasthan Land Revenue Act, 1956 - Illegal operation of stone crushing units without consent - The Tribunal ordered the closure of illegal stone crushers harming public health and environment, stating regulatory bodies must ensure compliance with environmental standards - The operations of the stone crusher were scrutinized and found to be within legal boundaries with appropriate consents in place, despite local grievances regarding dust and vibrations - The case followed earlier PILs that directed for creation of a Public Land Protection Cell (PLPC) to monitor such issues - The court also emphasized the necessity of periodic monitoring of pollution levels. (Paras 1-42)

Facts of the case:
The applicant alleged illegal operation of stone crushers adversely affecting the local environment and public health, prompting government oversight based on prior grievances and petitions. Following complaints, the State Pollution Control Board inspected the site, and the respondent provided all necessary documents affirming legal compliance with mining and environmental regulations.

Findings of Court:
The Tribunal concluded the stone crusher complies with legal standards of environmental operation. Previous complaints were adequately addressed by the appointed authorities, affirming the legality of operations after inspections showed conformity to applicable law.

Issues: The primary issues examined were the legality of the operations of the stone crusher, potential environmental impacts, and the sufficiency of responses from authorities to previous complaints. The court also scrutinized procedural adherence from local authorities concerning mining and public land protection.

Ratio Decidendi: The court reasoned that for effective compliance, environmental regulations must be actively monitored while also ensuring due process in addressing public grievances around land and pollution issues. It noted that while local nuisances were acknowledged, they did not constitute a breach of law by the operator as long as compliance with regulations was maintained.

Result: Application disposed of.

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 order, the applicant filed a representation before the Collector and the petition was dismissed and it was found that there was no encroachment on the forest land. The main submission of the Learned Counsel for the applicant is, order dated 19.01.2022 passed by the Collector, District - Alwar under Rajasthan Land Revenue Act under Rule 4 (C) di

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2025 Supreme(Online)(NGT) 2012

The court established that compliance with mining and environmental regulations is essential, and local grievances about noise and dust do not invalidate legal operations as long as relevant consents are in place.

Cases Referred (1)