HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/B) No. 281 of 2025 May 22, 2025 Mahendra Singh & others … Petitioners Versus Union of India & others … Respondents ----------------------------------------------------------------------

Presence:

Mr. Dushyant Manali, learned counsel for the petitioners Mr. Manoj Kumar, learned Central Government Standing Counsel for the Union of India.

Mr. C.S. Rawat, learned Chief Standing Counsel with Mr. S.S. Chaudhary, learned Standing Counsel for the State of Uttarakhand Mr. I.D. Paliwal, learned Standing Counsel for the State of U.P.

Mr. Ravi Bisht, Advocate holding brief of Mr. Aditya Pratap Singh, learned counsel for respondent no. 11 Mr. Rajeev Bhatt, learned counsel for respondent no. 12.

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Order

Hon’ble Manoj Kumar Tiwari, J.

Hon’ble Ashish Naithani, J.

(Per: Hon’ble Manoj Kumar Tiwari, J.)

1. Petitioners are agriculturist by profession and are resident of Village Fathepur Tanda, Jeewanwala, District Dehradun. In this writ petition, they have sought the following reliefs:-

(i) Issue a writ, order or direction in the nature of certiorari quashing the Office Memorandum dated 04.12.2023, whereby permission to run stone crusher being in the form of letter of consent was issued by the Industrial Development Department, Government of Uttarakhand in favour of respondent no. 13 for establishment and operation of a stone crusher plant (Annexure No. 3 to the writ petition) and all consequential consent/permission granted in favour of the respondent no. 13.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to immediately stop the operation and running the stone crusher plant of the respondent no. 13 in Village Fathpur Tanda, Doiwala, District Dehradun.

(iii) Issue any other or further writ, order or direction in the nature of mandamus directing and commanding the respondent nos. 11 & 12 to conduct inspection of the stone crusher plant of the respondent no. 3 and to take strict action against the same for violation of Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974, Environment (Protection) Act, 1996 and to impose adequate compensation so as to repair the wound of ecology and environment and public health affecting the petitioners.

(iv) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no. 4 to take appropriate and suitable action against the respondent no. 13 under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and related laws so as to get the government land freed from the clutches of the respondent nos. 13.

(v) Issue any other, order or direction in the nature of mandamus directing and commanding the respondent no. 3 to take action against the respondent no. 13 under the provision of Northern India Canal and Drainage Act, 1873 for blocking the natural course and canal and further to ensure the original form of the canal be restored to its original form and shape.

2. According to the petitioners, Village Fathepur Tanda is a lush green village having agricultural fields and residential areas, and the residents of the said village were living happily, however, after establishment of stone crusher by respondent no. 3 in the village, the life of the villagers has become miserable, as they are now subjected to air pollution, noise pollution, water pollution etc. and the productivity of agricultural fields has also reduced significantly. It is contended that right to healthy environment is now recognised as a fundamental right and every citizen has a right to live in a pollution free and sustainable environment, however, residents of village Fathepur Tanda are forced to live in unhealthy and polluted environment after establishment of stone crusher on their doorstep.

3. Learned counsel for the petitioners submits that without obtaining prior permission from