DEVENDRA SINGH ADHIKARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition has been preferred in public interest by the petitioner, who is a resident of village Dalipur, Kotdwar, Pauri Garhwal, Uttarakhand-246169, raising grievances regarding the environmental pollution caused by the setting up and running of the stone crusher unit of Respondent No. 5 i.e. M/s Shri Sidhbali Stones, by Respondent No. 6.

(2.) The Petitioner states that he is a permanent resident of the Dalipur Village, Kotdwar, Pauri Garhwal, Uttarakhand-246169. He is affected by the running of the stone crusher of Respondent no. 5, by Respondent no. 6. He is espousing the cause of the public as per requirements of Rule 4(2) of the Rules notified by this Court titled "Writs in the Nature of Public Interest Litigation under Article 226 of the Constitution of India". The Petitioner states that Respondent No. 6 had been issued a licence, as per the Office Memorandum dtd. 4/7/2015, to establish/operate a stone crusher at village Bhuvdevpur, Kotdwar, Pauri Garhwal, Uttarakhand for a period of 3 years in terms of the Uttarakhand Stone Crusher, Screening Plant and Pulveriser Permit Policy of 2011, which has been renewed from time to time, and it continues in force even now.

(3.) The Petitioner enlists the several violations of environmental norms, apart from the violation of conditions of licence, by Respondent Nos. 5 and 6. The Petitioner states that the Respondent No. 5 and 6 are operating their stone crusher unit in violation of conditions stipulated in O.M. dtd. 4/7/2015, namely Clause 3- which stipulates that the unit would have a boundary wall of 15 feet in height, and Clause 9- which mandates the stone crusher to grow trees in three rows of 7 to 10 meters width for checking spread of dust particles. It is further contended that the Stone Crusher is operating almost 18 to 20 hours a day, which is more than the permitted number of hours, and producing more than 1000 tons per day of crushed stone, which is in violation of the stipulated limit of 400 tons per day.