SATNAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri A.S. Rawat, learned Senior Counsel assisted by Sri Gaurav Paliwal, learned counsel for the petitioner, Sri B.S. Parihar, learned Additional Chief Standing Counsel with Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State of Uttarakhand and Dr. Kartikey Hari Gupta, learned counsel for respondent No. 5.

(2.) The present petition, filed in public interest, is for restraining the respondent-authorities from allowing the private respondent, namely, M/s Pea Fowl Smart Infrastructure Pvt. Ltd. through its partners to construct stone crusher over a land situated in Village Papadi and Sitapur Tanda, Tehsil Ram Nagar, District Nainital, as the case of the petitioner is that the construction is contrary to the mining policy and would adversely affect the environment.

(3.) The relief, aforesaid, has been sought principally on the ground that the private respondent has violated the conditions of the No Objection Certificate dtd. 27/12/2022 issued by the Executive Engineer, Irrigation Department, Ramnagar, Nainital, on basis of which, Consent to Establish the industry was granted in favour of the private respondent by the Uttarakhand Pollution Control Board.