ANAND SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Mr. R. Meenakshisundaram, Secretary, Industrial Development Department, Government of Uttarakhand, is present as per the direction passed by this Court.

(2.) This public interest litigation has been filed with the following prayers:- i. Issue a writ order or direction in the nature of mandamus directing and calling upon the respondent nos. 1 to 5 not to permit establishment of any stone crusher, stone crusher mineral stock in Village Sakkhanpur, Tehsil Ramnagar District Nainital on the strength of any permission to establish issued by the State Government or any other authority without there being any prior to consent to establish issued by the Uttarakhand Environment Protection and Pollution Control Board after due inspection of the site in terms of provisions of Air (Prevention and Control of Pollution) Act 1981 and Water (Prevention and Control of Pollution) Act 1974 in favour of such establishment ii. Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 and 3 not to issue consent to operate in favour of any of the stone crushers throughout the State of Uttarakhand who have not obtained consent to establish froim the respondent no. 2 before establishment of stone crusher plant and not to treat the permission to establish issued by the State Government or any other authority as a substitute of consent to establish provided under Air (Prevention and control of Pollution) Act 1981 and Water (Prevention and Control of Pollution) Act 1974. iii. Issue a writ order or direction in the nature of mandamus directing the respondent no. 2,3 and 8 to take stern action against the respondent no. 7 and all other such industries throughout the State of Uttarakhand who have taken steps of establishment of stone crushers at their sites in absence of any prior consent to establish been issued in their favour by the respondent no. 2 under the provisions of Air (Prevention and control of Pollution) Act 1981 and Water (Prevention and Control of Pollution) Act 1974. iv. Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 and 8 to issue appropriate guidelines, suggestions for location of industries specially stone crushers in the State of Uttarakhand by exercising their powers under Environment Protection Act 1986 and rules there under.

(3.) It is apparent from the record that the controversy between the parties at this stage is whether the State Government can issue a letter of intent prior to issuance of no objection certificate, consent to establish and consent to operate a polluting unit in the State of Uttarakhand by the State Pollution Control Board and, whether the order passed by the State Government on 22/6/2018 is in teeth of the provisions of law guiding the field specially the provisions of Water(Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 1981.