Laws, Courts & Judgments.

NGT Conditionally Approves Siting Norm Relaxation for Stone Crusher, Directs Action Against Officials for Past Violations

New Delhi: The National Green Tribunal (Principal Bench), comprising Judicial Member Justice Arun Kumar Tyagi and Expert Member Dr. Afroz Ahmad , has approved, with conditions, the relaxation of siting criteria for a stone crusher unit in Poonch, Jammu & Kashmir, while simultaneously denying the same for a hot mix plant operating on the same premises. The Tribunal's order, pronounced on May 26, 2025, also includes strong directives for disciplinary action against revenue and pollution control officials involved in granting initial permissions despite evident siting violations.

The judgment stems from an Execution Application (EA No. 07/2025) filed by Hassina Wajid, Sarpanch of Gram Panchayat Chaktroo, seeking compliance with a previous NGT order dated September 4, 2024, which had directed the relocation of M/s. Dewan Stone Crusher and M/s. Shahzad Shubnum Contractor Hot Mix Plant due to violations of siting norms and environmental laws. Alongside the execution application, M/s. Dewan Stone Crusher and M/s. Shahzad Shubnum Contractor Hotmix Plant filed a Miscellaneous Application (MA No. 42/2025) seeking approval for relaxation of siting criteria and consent to operate, citing a J&KPCC report prepared in compliance with an order of the Hon'ble Supreme Court dated September 23, 2024.

Background of the Case:

The original application (OA No. 151/2023) filed by Hassina Wajid alleged that the stone crusher and hot mix plant units operated by respondents 6, 7, and 8 were violating environmental laws, including illegal mining, operating too close to residential areas (100-200 meters vs. required 500 meters), lacking proper pollution control measures (wind breaking walls, dust suppression, metalled roads, green belt), and dumping waste in a water body.

In its September 4, 2024 order, the NGT had found the units were established and operated in violation of siting norms and environmental laws. It directed the units to be removed from the site within two months, prohibited their operation until relocation, and imposed an interim environmental compensation of Rs. 7,20,000 (which has since been deposited). The J&KPCC was directed to determine final compensation and oversee the preparation and execution of an Environment Rejuvenation Plan.

Following this, the project proponents (respondents 6-8) approached the Supreme Court, which, while dismissing their appeal, noted the possibility of relaxation under J&K PCC guidelines and stated that any such relaxation would require NGT approval. This paved the way for the current applications.

J&KPCC Report and Expert Committee Findings:

Pursuant to the Supreme Court's direction and an application by the project proponent, the J&KPCC constituted an Expert Committee to assess the feasibility of relaxation under Clause 3.3 of the revised J&KPCC guidelines (Order No. 37-JKPCC of 2023 dated February 27, 2023), which allows consideration based on 'distinct geographical barriers'.

The Expert Committee inspected the site and reported the existence of distinct geographical barriers in the hilly area, including elevation differences (residential houses 15-125m higher than the unit), thick vegetation cover, a district road, and a nearby nullah, which they deemed capable of cushioning the impact of the stone crusher's operation. They also conducted monitoring, finding noise and particulate matter levels around the residential area and school to be within permissible limits when the stone crusher was operating (though the applicant contested the testing conditions). The nearest residential houses were found within 150m (specifically 3 houses), while others within 500m were scattered and at higher elevations. The nearest school was 400m away.

Based on these findings and the installation of pollution control devices, the Expert Committee recommended granting consent to operate the stone crusher during daytime hours (8 am - 6 pm). For the hot mix plant, located 470m from the school and 180m from the nearest house, the committee noted requisite PCDs were installed but it was not operational during inspection. They nonetheless recommended granting consent for the hot mix plant for limited working seasons against work orders.

The J&KPCC , in its report to the NGT, concurred with the Expert Committee's recommendation for relaxation and consent to operate only for the stone crusher, qualifying that this relaxation is subject to NGT approval. J&KPCC explicitly stated it did not recommend the operation of the Hot Mix Plant at the same location due to environmental concerns, despite the Expert Committee's recommendation.

Applicant's Objections and Tribunal's Analysis:

Hassina Wajid strongly objected to the relaxation, arguing that the Expert Committee was improperly constituted as it lacked the Regional Director J&KPCC and an adjoining Divisional/District Officer as mandated by Clause 3.3 of the guidelines. She also alleged the committee's report was one-sided, lacked detailed justification and presentation, and claimed the stone crusher was operated empty during monitoring to manipulate results. She emphasized that the guidelines prohibit a single residential house within 150 meters, a condition admittedly violated, and highlighted the presence of 70 houses and 114 families within 500 meters, as well as a school within 500 meters (428m as per the original Joint Committee report).

The Tribunal, however, found the objections to the committee's constitution to be weak, holding the guideline's provision on committee members to be "directory" and noting the applicant did not challenge its composition earlier. It dismissed the allegation of manipulated testing results due to lack of concrete evidence. The Tribunal clarified that Clause 3.3, allowing relaxation based on distinct geographical barriers, acts as an exception to the general siting criteria in Clause 3, including the 150m residential setback.

Balancing the need for environmental protection with national priorities and strategic infrastructure projects (the units undertake government road construction projects under Pradhan Mantri Gram Sadak Yojana in border areas, as highlighted by the project proponents), the Tribunal accepted the Expert Committee's findings regarding the distinct geographical barriers in the hilly terrain cushioning the impact and the pollution levels being within norms at the monitored locations.

The Tribunal referenced the difficulty in hilly areas to find sites meeting stringent criteria (like 500m from residential areas), as acknowledged in Clause 3.2 of the guidelines. It concluded that there were valid grounds to approve the relaxation of siting criteria for the Stone Crusher based on the Expert Committee's report and J&KPCC 's recommendation.

Hot Mix Plant Relaxation Denied:

Crucially, the NGT denied relaxation for the Hot Mix Plant. It found the Expert Committee's recommendation for the hot mix plant unreliable because the plant was not operational during the inspection, making any assessment of its environmental impact at that time invalid. The Tribunal noted that the J&KPCC itself had not recommended relaxation for the hot mix plant due to environmental concerns, reinforcing this view. The previous NGT order directing relocation of the hot mix plant was upheld, requiring it to be dismantled from the current site and relocated in compliance with siting criteria and environmental norms within two months.

Accountability for Past Violations:

Taking a serious view of the admitted past violations and the mutually contradictory distance certificates issued at the time of establishment, the Tribunal observed that the non-compliance with siting criteria implied "submission of factually wrong reports" by concerned revenue officers and "facilitated environmental violations" by J&KPCC officers who granted permissions. Citing the Supreme Court judgment in State of Madhya Pradesh Vs. Kedia Leather and Liquor Ltd. (2001), which deprecated the failure of statutory boards to discharge their functions, the NGT emphasized that administrative and pollution control officers have a legal duty to ensure compliance without waiting for court directions.

The Chief Secretary, Government of J&K, and the Chairman, J&KPCC , were directed to personally look into this matter and take "strict disciplinary action for major penalty" against the revenue officers who granted NOCs and the J&KPCC officers who granted CTE/CTO in violation of siting criteria within six months. They were also directed to issue instructions within two months to ensure timely disposal of environmental complaints by District Magistrates and Regional Officers of Pollution Control Boards/Committees with reasoned orders provided to the complainant.

Environmental Compensation and Rejuvenation:

While the interim environmental compensation of Rs. 7,20,000 has been paid, the Tribunal noted that J&KPCC had not finalized the environmental compensation or ensured the preparation and execution of the Environment Rejuvenation Plan as directed in the September 4, 2024 order. The J&KPCC was directed to ensure due compliance with these directions within four months, warning that failure could lead to prosecution of the Chairman and Member Secretary under Section 26 of the NGT Act and imposition of exemplary costs on J&KPCC .

Final Directions:

The NGT disposed of the Execution Application and the Miscellaneous Application with the following key directions:

1. Approval is granted for the relaxation of siting criteria for M/s. Dewan Stone Crusher at the current site, subject to the conditions recommended by the Expert Committee and J&KPCC , and compliance with all environmental guidelines and pollution control measures.
2. J&KPCC shall grant consent to operate the Stone Crusher after verifying full compliance, documenting and video-graphing the factual position.
3. Relaxation is denied for M/s. Shahzad Shubnum Contractor Hot Mix Plant. Respondents 7 and 8 are directed to dismantle and relocate it within two months and are restrained from operating it at the present site.
4. The Chief Secretary, J&K, and Chairman, J&KPCC , must initiate strict disciplinary action against defaulting revenue and J&KPCC officers involved in the original faulty permissions within six months.
5. Instructions must be issued within two months for time-bound, reasoned disposal of environmental complaints by District Magistrates and Regional Officers, with orders supplied to complainants.
6. J&KPCC must finalize environmental compensation and ensure the preparation and execution of the Environment Rejuvenation Plan within four months.
7. Respondents 6-8 must ensure compliance with guidelines regarding pollution control and procuring material from authorized sources, not engaging in illegal mining.

The Tribunal emphasized that "public interest in protection and improvement of environment" must override considerations of private loss and gain. The applicant retains the liberty to file a fresh execution application if non-compliance occurs.

The order highlights the NGT's approach of balancing developmental needs with stringent environmental protection, while also addressing accountability within the administrative and regulatory bodies tasked with enforcing environmental laws.