MATRI SADAN THROUGH ITS TRUSTEE SWAMI NAGMANAND SARASWATI AND BRAHMCHARI DAYANAND Vs. HIMALAYA STONE CRUSHER PVT LTD

JUDGEMENT

(1.) THIS Special Appeal has been preferred against the Interim order of Learned Sin ­gle Judge of this Court passed in Writ Pe ­tition No.2137 (M/S) of 2010 Himalaya Stone Crusher Pvt. Ltd. And another Vs. State of Uttarakhand and others, wherein Hon'ble Judge stayed the effect and op ­eration of the order dated 10.12.2010 passed by the Additional Secretary and, consequently, the order dated 14.12.2010 passed by the Sub Divisional Magistrate.

(2.) THE brief facts sans unnecessary de ­tails are that Himalaya Stone Crusher Pvt. Ltd. (hereinafter called as Crusher) is running its activities of crushing stone boul ­ders and mining from the nearby flowing stream of Ganga in the outskirts of town Haridwar. This Crusher was founded way back in 1997 by its owner after procuring the license from the concerned authority to run the same. At the time of its incep ­tion although it was at outskirts of Haridwar city and it was not within the notified Kumbh Mela Area, but at that time too, it was amidst of the scattered population and at a very short distance of surrounding vil ­lages as well as the area of the Rajaji Na ­tional Park besides being close to the flow ­ing current of National river Ganga but any how the owner of this Crusher could re ­main successful in procuring license from the concerned authority to establish and run the same ignoring the several guide ­lines given in this regard by Hon'ble Apex Court over the years as in M. C. Mehta Vs. Union of India and others (1992) 2 SCC 256, where the Hon'ble Apex Court while adjudicating a PIL over the issue of Envi ­ronmental pollution due to stone crushing activities had held:

(3.) THE controversy of this issue of run ­ning the crusher and doing illegal mining activities became graver when the area of location of this Crusher was notified as the Kumbh Mela Area vide notification No. 195/IV(l)/2010/269/Sh.V./2002 Dehradun dated 05.02.2010 under the Act XVI of 1938. Taking note of the forthcoming Kumbh fair, District Magistrate, Haridwar measured the proposed presence of the Pilgrims, Saints and increasing numbers of Akhada of Saints, Different institutions including Government departments, nay sundry arrangements to be made by Gov ­ernment and wrote a letter to the Govern ­ment for closing these crushing and mining activities in the area. Incidentally, he mentioned the observation of fast by the Saints, Matra Sadan Asharam, Swami Shiwanand Saraswati and Brahamchari Yajnanand for closing these illegal activi ­ties. Here, it is to be made clear that the mentioning of observation of fast in the letters of the District Magistrate written to Government was not the only basis to close these activities, but due to all these ill-ef ­fects which have been as aforementioned by this Court. However, the letter written by District Magistrate could not elaborate to all of them and even in the opinion of the Court, it was not necessary for the Dis ­trict Magistrate to discuss the pros and cons elaborately making his letter encyclopedia vis-Ã -vis to the running of these illegal min ­ing and stone crushing activities. It will not be out of place to mention that before writing the letters by District Magistrate on several occasions, there had been repeated enquiries, investigations in the past by Dis ­trict Magistrate, Commissioner, Garhwal Division and Chief Revenue Commissioner Sri Nrap Singh Napchayal and Secretary, Urban Development, Sri Shatrughan Singh and other bodies and all had recommended to close these, mining and illegal stone crushing activities in the area which is also a Ecological frazil Zone in the close vicin ­ity of Rajaji National Park. Pursuant to all recommendations an executive order dated 10.12.2010 was issued by the Government to stop these mining and crushing activi ­ties in Kumbh Mela Area and pursuant to this order of the Government the Sub Di ­visional Magistrate vide his letter dated 14.12.2010 directed the petitioners (Crusher owners) to close their activities accordingly.