1

Item No. 04

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

M.A. No. 32/2023

IN

Original Application No. 863/2022

(With report dated 24.03.2023)

Joginder Singh & Ors.

Applicant(s)

Versus

State of H.P.

Respondent

Date of hearing:

26.04.2023

CORAM:

HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE DR. A. SENTHIL VEL, EXPERT MEMBER

ORDER

1.

Grievance in this application is against illegal operation of a stone

crusher in District Una, Himachal Pradesh resulting in pollution.

2.

Vide order dated 11.01.2023, the Tribunal sought a factual report

in the matter from Himachal Pradesh Pollution Control Board (HPPCB)

and District Magistrate, Una, (Himachal Pradesh).

3.

Accordingly, report dated 24.03.2023 has been filed by District

Magistrate, Una acknowledging violations. Conclusion in the report is as

follows:

D. Conclusion

The joint inspection of the site of the stone crusher unit over

Khasra no 5151& 5158 (Private land) measuring 00-39-19

Hectares falling in mauza & mohal Dharampur Tehsil Dharampur

District Una H.P applied by Sh Kapil Sharma Sio Sh Sansar

2

Chand

was

conducted

on

27.10.2020

&

Khasra

no

5209,5194,5164,5192,5195,5163& 5191 measuring 00-88-66

Hectares (Private land) falling in mauza & mohal Dharampur

Tehsil Dharampur District Una H.P applied by Sh. Rajender

Singh S/o Sh Kashmir Singh was conducted on 17.12.2020

under the Chairmanship of Sub-Divisional Officer (Civil ) Haroli

as per the guidelines of the Department of Science & Technology,

Government of Himachal Pradesh notified vide Notification No. STE-

E-(3)-17/2012 dated 29.05.2014. On the basis of this inspection

provisional registration has been issued by the State Geologist vide

in favour of Sh Rajender Singh S/o Sh Kasmir Singh on 01.02.2021

& Sh Kapil Sharma S/o Sh Sansar Chand on 29.01.2021 From the

enquiry, it was observed that the sites fulfill the criteria of

minimum safe distance specified in the above guidelines. However,

Deputy Director (Agriculture) has submitted that

an adequate

dust suppression mechanism should be installed by the

crushing unit for the prevention of potential damage to

crops i

n the vicinity. In a notification No. STE-E-(5)-9/2018 dated

29.06.2021 issued by Environment, Science &

Technology

Department following pollution control measures are mandatory for

running of stone crusher

o

Every unit shall provide a wind-breaking wall along with a

suitable enclosure to ensure adequate dust containment.

o

Every Unit shall have a dust suppression system with water

spray and sprinkling system.

o

Dust extraction and collection system shall be provided at the

crusher and transfer points in every Unit.

o

Every Unit shall have an adequate water supply along with

at least two days of water storage facility for running

pollution control equipment.

o

Facility for regular cleaning and wetting of the ground shall

be provided.

o

Trees of suitable species shall be planted to develop a green

belt within and along the boundary of the premises.

o

Dust suppression system, water sprinkler used in stone

crusher shall be of uniform technology as it was noticed that

at different location different kind of sprinkler system were

being used which were observed and found to be causing

wastage of water and excessive use of water. The mist,

spray nozal system being quite efficient in controlling the

dust pollution, shall be installed for dust suppression.

o

The wind breaking walls shall be reconstructed scientifically

with application of wind rose diagram for the unit i.e.

towards, the predominant direction of wind and natural

profile of the area.

Directions in this regard have been issued to District Mining

Officer to ensure compliance of these guidelines by the stone

crushing unit.

4.

From the above, it is seen that the unit is non-compliant in terms

of requirement o