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2023 Supreme(Online)(NGT) 4986
Item Nos. 04 to 07 Court No. 1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No. 667/2018 (IA NO 372/2023, IA NO 362/2023, IA NO 346/2023, IA NO 357/2023, IA NO 278/2023, IA NO 371/2023, IA NO 120/2023, IA NO 284/2023, IA NO 370/2023, IA NO 376/2023, IA NO 353/2023, IA NO 327/2023, IA NO 381/2023, IA NO 160/2024, IA NO 338/2023, IA NO 360/2023, IA NO 713/2023, IA NO 326/2023, IA NO 392/2023, IA NO 288/2023, IA NO 107/2023, IA NO 379/2023, IA NO 336/2023, IA NO 325/2023, IA NO 380/2023, IA NO 355/2023, IA NO 436/2023, IA NO 330/2023, IA NO 382/2023, IA NO 696/2023, IA NO 364/2023, IA NO 343/2023, IA NO 359/2023, IA NO 124/2023, IA NO 122/2023, IA NO 369/2023, IA NO 694/2023, IA NO 718/2023, IA NO 321/2023, IA NO 674/2023, IA NO 385/2023, IA NO 345/2023, IA NO 361/2023, IA NO 394/2023, IA NO 697/2023, IA NO 797/2023, IA NO 683/2023, IA NO 386/2023, IA NO 365/2023, IA NO 280/2023, IA NO 276/2023, IA NO 272/2023, IA NO 695/2023, IA NO 331/2023, IA NO 366/2023, IA NO 347/2023, IA NO 352/2023, IA NO 95/2023, IA NO 395/2023, IA NO 358/2023, IA NO 339/2023, IA NO 335/2023, IA NO 363/2023, IA NO 348/2023, IA NO 374/2023, IA NO 162/2024, IA NO 340/2023, IA NO 378/2023, IA NO 373/2023, IA NO 337/2023, IA NO 396/2023, IA NO 761/2023, IA NO 384/2023, IA NO 389/2023, IA NO 341/2023, IA NO 143/2025, IA NO 349/2023, IA NO 286/2023, IA NO 391/2023, IA NO 99/2023, IA NO 356/2023, IA NO 739/2023, IA NO 390/2023, IA NO 282/2023, IA NO 274/2023, IA NO 97/2023, IA NO 328/2023, IA NO 324/2023, IA No 350/2023, IA NO 329/2023, IA NO 333/2023, IA NO 342/2023, IA No 387/2023, IA NO 723/2023, IA NO 344/2023, IA NO 334/2023, IA No 383/2023, IA NO 367/2023, IA NO 351/2023, IA NO 388/2023, IA No 375/2023, IA NO 354/2023, IA NO 332/2023, IA NO 438/2023) Mahendra Singh Applicant Versus State of Haryana & Ors. Respondent(s)
WITH Original Application No. 679/2018 Tejpal Applicant Versus State of Haryana & Ors. Respondent(s)
WITH Original Application No. 599/2019 Bishamber Singh Applicant Versus State of Haryana & Ors. Respondent(s)
WITH Original Application No. 1385/2024 News item titled "living under a dust blanket" appearing in The Hindu dated 05.12.2024 Date of hearing: 03.07.2025 Date of Uploading: 21.07.2025 CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER Applicant: Mr. Devesh Kumar Agnihotri, Adv. for Applicant in OA 679/2018 Respondents: Mr. Rahul Khurana, Adv. for R - 1 to 8 with Mr. Vijay Chaudhary, RO, HSPCB, Mahendergarh & Mr. Anju, AEE, HSPCB, Mahendergarh in OA
667/2018 & OA 679/2018 Mr. Rahul Khurana, Adv. for the State of Haryana & HSPCB with Mr.
Vijay Chaudhary, RO, HSPCB, Mahendergarh & Mr. Anju, AEE, HSPCB, Mahendergarh in OA 599/2019 Mr. Tarun Gupta & Mr. Hirday Virdi, Advs.
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.
Mr. Rahul Khurana, Adv. for R - 1 & 4 with Mr. Vijay Chaudhary, RO, HSPCB, Mahendergarh & Mr. Anju, AEE, HSPCB, Mahendergarh in OA
1385/2024 Mr. Anuj Bhandari, Adv. for CPCB in OA 1385/2024
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. The HSPCB will be nodal agency. The inspection will be with reference to the sitting criteria as well as the legality of the source of the water used. All precautions are necessary as the location of the stone crushers is within the sensitive zone of Aravali range, as well as in the vicinity of the residential area and educational institution”
8. The Tribunal in the proceedings dated 24.07.2019 had considered the report of the joint Committee dated 23.07.2019 and
