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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Distance Regulations from Highways and Roads - According to various regulations, stone crushers must be located at specific minimum distances from major roads. For instance, the Karnataka Regulation of Stone Crushers Act, 2011, mandates a minimum of 50 meters from major district roads, 100 meters from State Highways, and 200 meters from national highways (Prabhavathi Stone Crushers vs District Stone Crusher Licensing and Regulatory Authority - 2025 0 Supreme(Kar) 776). Similarly, the Uttarakhand Stone Crusher Policy, 2020, specifies certain distance parameters for siting crushers, generally prohibiting operations within 300 meters of habitations, schools, and hospitals, and emphasizing the importance of set-back distances from roads and residential areas (TEJINDER KUMAR JOLLY VS STATE OF UTTARAKHAND, Prabhavathi Stone Crushers vs District Stone Crusher Licensing and Regulatory Authority - 2025 0 Supreme(Kar) 776).
Siting Violations and Compliance Issues - Multiple sources highlight violations where stone crushers operate within residential areas or in violation of prescribed distance norms. For example, in Uttarakhand, two crushers were found operating in the middle of a village abadi at Fattabangar, Nainital, contrary to the 2020 policy which mandates a minimum of 300 meters from habitations and sensitive areas (TEJINDER KUMAR JOLLY VS STATE OF UTTARAKHAND, Prabhavathi Stone Crushers vs District Stone Crusher Licensing and Regulatory Authority - 2025 0 Supreme(Kar) 776, 02563). These violations have led to legal challenges and orders for compliance.
Norms for Clusters and Buffer Zones - The committee recommendations include guidelines for cluster formation, spacing between crushers, greenbelt areas, and boundary walls. Norms specify the establishment of green belts and 15-20 feet walls around crushers, parallel to highways, to mitigate environmental impact and ensure safety (E.V. SAMPATH VS TAMIL NADU POLLUTION CONTROL BOARD REP BY ITS MEMBER SECRETARY - 2024 Supreme(Online)(NGT) 2452, 29323, 11729, 12206, 11658, 11930).
Overall Conclusion - The regulations emphasize maintaining adequate distances between stone crushers, highways, and habitations to prevent environmental and social issues. Despite clear norms, violations persist, necessitating strict enforcement and adherence to prescribed distances, especially in sensitive regions like Uttarakhand. The ongoing legal and administrative actions aim to ensure compliance with these norms for sustainable quarrying practices.
References:- Prabhavathi Stone Crushers vs District Stone Crusher Licensing and Regulatory Authority - 2025 0 Supreme(Kar) 776- TEJINDER KUMAR JOLLY VS STATE OF UTTARAKHAND- TEJINDER KUMAR JOLLY VS STATE OF UTTARAKHAND - 2022 Supreme(Online)(NGT) 291- E.V. SAMPATH VS TAMIL NADU POLLUTION CONTROL BOARD REP BY ITS MEMBER SECRETARY - 2024 Supreme(Online)(NGT) 2452- E.V. SAMPATH VS TAMIL NADU POLLUTION CONTROL BOARD REP BY ITS MEMBER SECRETARY - 2024 Supreme(Online)(NGT) 5473- E.V. SAMPATH VS TAMIL NADU POLLUTION CONTROL BOARD REP BY ITS MEMBER SECRETARY - 2024 Supreme(Online)(NGT) 1892- E.V. SAMPATH VS TAMIL NADU POLLUTION CONTROL BOARD REP BY ITS MEMBER SECRETARY - 2024 Supreme(Online)(NGT) 2366- E.V. SAMPATH VS TAMIL NADU POLLUTION CONTROL BOARD REP BY ITS MEMBER SECRETARY - 2024 Supreme(Online)(NGT) 1821- E.V. SAMPATH VS TAMIL NADU POLLUTION CONTROL BOARD REP BY ITS MEMBER SECRETARY - 2024 Supreme(Online)(NGT) 2091- 02563
Stone crushing units play a vital role in construction and infrastructure development, but their operation raises significant environmental and public health concerns. Key issues include dust pollution, noise, and vibration, which can adversely affect nearby villages, highways, and residential areas. A common question among operators, regulators, and affected communities in Uttarakhand is: What is the required distance of a stone crusher from main highways and roads connecting villages, and the distance between two stone crushers in the village?
This blog post explores these distance norms, drawing from judicial precedents, state policies, and National Green Tribunal (NGT) orders. While general principles suggest a minimum of 1 km from habitations and highways, Uttarakhand-specific guidelines from the Stone Crusher Policy, 2020 provide clearer parameters. Note that these are general insights based on available documents; always consult local authorities for site-specific advice.
Legal documents indicate that minimum distances for stone crushers from villages, habitations, and highways typically range from 500 meters to 2 km, depending on the state and context. Courts and pollution boards emphasize these to mitigate pollution and health hazards. In many cases, a 1 km (1000 meters) distance from villages or habitation areas is upheld as a standard benchmarkM. C. Mehta VS Union Of India - 1992 0 Supreme(SC) 426.
For Uttarakhand, the Uttarakhand Stone Crusher Policy, 2020 outlines specific siting parameters. As noted, The distance parameters as Uttarakhand Stone Crusher Policy, 2020 are as under; Sl. Institutions Distance of Respondent Nos. 4 & 5 stone crusher TEJINDER KUMAR JOLLY VS STATE OF UTTARAKHAND. This policy, referenced in NGT proceedings, settles aspects like siting in residential areas, stating that operations in the middle of the village abadi are impermissible SANJAY KUMAR VS STATE OF UTTARAKHAND - 2022 Supreme(Online)(NGT) 680. An NGT order dated 10.5.2022 in OA No. 449/2019 (Tejinder Kumar Jolly & Anr. vs. State of Uttarakhand & Ors.) reinforces compliance with this policy SANJAY KUMAR VS STATE OF UTTARAKHAND - 2022 Supreme(Online)(NGT) 680.
These variations highlight that Uttarakhand operators should prioritize the 2020 Policy, which draws from NGT directives.
Spacing between units prevents cumulative pollution. Key references include:- Haryana: 4 km between two stone crushersM. Krishnan VS State of Tamil Nadu rep. by its Secretary and Commissioner to the Department of Local Administration, Fort St. George Madras 600 009 & Others - 2007 Supreme(Mad) 1951.- Orissa: Half kilometre (500 meters) between units NEHRU PARIBESHA SURAKSHYA COMMITTEE VS STATE OF ORISSA - 2002 Supreme(Ori) 708.- General Judicial View: Courts stress scientific determination via environmental impact assessments, often upholding 1 km+ as prudent M. C. Mehta VS Union Of India - 1992 0 Supreme(SC) 426.
In Uttarakhand, the Policy 2020 implies similar spacing to avoid clustering in villages, as seen in cases where units in residential area, in the middle of the village abadi were flagged SANJAY KUMAR VS STATE OF UTTARAKHAND - 2022 Supreme(Online)(NGT) 680. No exact inter-crusher distance is quoted for Uttarakhand in the sources, but general principles apply unless specified otherwise.
Indian courts, under the Environment (Protection) Act, 1986, Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974, have repeatedly intervened. For instance:
In Uttarakhand, illegal units in prohibited zones face closure, as policies aim to protect rivers, forests, and roads—e.g., 735 meters from river bank and reserved forestDEV BHOOMI STONE COMPANY VS B. N. MATHPAL - 2012 Supreme(UK) 315.
Recommendations for Uttarakhand:- Adhere to at least 500-1000 meters from highways/village roads per Policy 2020 and NGT orders.- Ensure minimum spacing between crushers based on local notifications.- Obtain consents under pollution acts and revenue certificates confirming distances DEV BHOOMI STONE COMPANY VS B. N. MATHPAL - 2012 Supreme(UK) 315.- For disputes, reference NGT OA 449/2019 for settled policy application SANJAY KUMAR VS STATE OF UTTARAKHAND - 2022 Supreme(Online)(NGT) 680.
This post provides general information based on cited documents and is not legal advice. Regulations may evolve; consult the Uttarakhand Pollution Control Board, local notifications, or a qualified lawyer for precise application. Distances are typically advisory but enforceable via courts and NGT.
#UttarakhandStoneCrusher, #StoneCrusherPolicy, #EnvironmentalCompliance
not be located within: - (a) Two Hundred meter from the limits of the national highways or State Highways; (b) One Hundred meter from the limits of major district roads and fifty meters from the limits of other roads; (c) Five hundred ... In terms of the amended provision of Section 6 (1)(b) of the Karnataka Regulation of Stone Crushers Act, 2011, the prohibited distance#HL_E....
The distance parameters as Uttarakhand Stone Crusher Policy, 2020are as under; Sl. Institutions Distance of Respondent Nos. 4 & 5 stone crusher. ... Our attention has been drawn to the Uttarakhand Stone Crusher Policy, 2020 with regard to siting of stone crushers as ....
The distance parameters as Uttarakhand Stone Crusher Policy, 2020are as under; Sl. Place Minimum Distance of No. ... The Respondent No.3 is operating 2 Stone Crushers i.e. Resp.Nos.4 & 5 in a residential area, in the middle of the village abadi, Fattabangar at Haldwani, District Nainital in violation of the Govt. Stone Crush....
One of the references for the committee was that the committee shall furnish its recommendation on the minimum distance criteria to be maintained between crusher to crusher, National Highways, State Highways, habitations for the existing stone crushers and for the proposed stone crushers. ... It has specified the typ....
One of the references for the committee was that the committee shall furnish its recommendation on the minimum distance criteria to be maintained between crusher to crusher, National Highways, State Highways, habitations for the existing stone crushers and for the proposed stone crushers. ... It has specified the typ....
One of the references for the committee was that the committee shall furnish its recommendation on the minimum distance criteria to be maintained between crusher to crusher, National Highways, State Highways, habitations for the existing stone crushers and for the proposed stone crushers. ... It has specified the typ....
One of the references for the committee was that the committee shall furnish its recommendation on the minimum distance criteria to be maintained between crusher to crusher, National Highways, State Highways, habitations for the existing stone crushers and for the proposed stone crushers. ... It has specified the typ....
One of the references for the committee was that the committee shall furnish its recommendation on the minimum distance criteria to be maintained between crusher to crusher, National Highways, State Highways, habitations for the existing stone crushers and for the proposed stone crushers. ... It has specified the typ....
One of the references for the committee was that the committee shall furnish its recommendation on the minimum distance criteria to be maintained between crusher to crusher, National Highways, State Highways, habitations for the existing stone crushers and for the proposed stone crushers. ... It has specified the typ....
This aspect stands settled by the Tribunal in respect of Uttarakhand Stone Crusher Policy, 2020 vide order dated 10.5.2022 in OA No. 449/2019, Tejinder Kumar Jolly & Anr. vs. State of Uttarakhand & Ors. ... The Respondent No.3 is operating 2 Stone Crushers i.e. Resp.Nos.4 & 5 in a residential area, in the middle of the village abadi, Fattabangar at Hal....
v. The proposed stone crusher is situate at a distance of about 735 meters from the river bank, reserved forest area. vi. Proposed stone crusher is at a distance of more than 500 meters from the main road, National Highway and State Highway. A certificate from Revenue Department to the effect that the proposed stone crusher is at a minimum distance of 500 meters from river bank and reserved forest area and from main road (National and State Highway) and the inter ....
The Central Board for the prevention and control of Water Pollution, New Delhi had conducted an ambient Air quality survey in and around various stone crushing units in Haryana State and suggested the following norms as remedial measures, as a first step for the prevention of Aid Pollution problems due to stone crushers. 1. No stone crushers should be located within two kilometre from any National and State Highways. 2. The distance between two stone crushers should be four....
I, got measured the distance from abadi deh to the above stone crusher with the help of inchi tape and I found that stone crusher which exists towards Eastern side of Kouliwala is at a distance of 650 ft. Learned counsel for the respondents also placed reliance on the receipt of Chulah tax showing that village Kouliwala was inhibited of residence. Nothing has been brought on record to show as to how the site is within the crushing zone as established by the State Government. ....
I, got measured the distance from abadi deh to the above stone crusher with the help of inch tape and I found that stone crusher which exists towards Eastern side of Kouliwala is at a distance of 650 ft. "I prepared the rough site plan showing distance of abadi deh of village Kouliwala and Rohit Stone crusher. There exists a Kacha Gohar towards Eastern side of abadi of Village Kouliwala, which is 100 ft. away and thus from the Gohar the distance of Stone Crusher is ....
3. No Stone Crusher should be located within half kilometre from the National and State Highways. 4. Distance between two Stone Crusher units shall be at least half kilometre. As such all the Stone Crusher units operating in the State of Orissa are requested to comply the directions in the stipulated time, i.e., latest by 4.12.98." Stone Crusher units which are in the aforesaid prohibited limits shall shift to other areas within six months from the date of publication of this....
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