USHA JAIN Vs. ADDL DISTRICT MAGISTRATE HARIDWAR

JUDGEMENT

(1.) RAVI S. Dhavan, J. The petitioner runs an industry of a stone crusher in the District of Haridwar. The name of the in dustry is M/s Veer Shree Traders, Stone Crusher, Roorkee Road, Jwalapur, District Haridwar. The petitioner, Smt. Usha Jain, is the proprietor of the industry. The respon dents arrayed are the Additional District Magistrate, Haridwar, respondent No. 1, the Station House Officer, Jwalapur, Dis trict Haridwar, respondent No. 2 and the Regional Officer, Pollution Control Board, Denradun, respondent No. 3.

(2.) THE petitioner is aggrieved by a com munication of the Additional District Magistrate, Haridwar, to the Circle Officer, Police Station Jwalapur, dated 6th July, 1994, by which on a complaint by some ladies near the village asserting that the stone crusher of the petitioner was causing nuisance in the discharge of fine dust, direc tions were given that the operation of the stone crusher be stopped.

(3.) THE petitioner refers to a report of 27 August 1994, appended as Annexure RA-1 to the rejoinder affidavit. This is the report of Regional Officer, Regional Officer, U. P. Pollution Control Board Dehra Dun. THE contention of the petitioner is that when the inspection was done on 21 August 1994, the industry run by the petitioner, that is the stone crusher, did not have a high level of suspended solid material in the air. This report is virtually worthless, s it talks of the state of affairs during the monsoon season and also accepts that suspended solid material in the air during the rains will be less. THE report does not refer to the record of any inspection carried out when the mon soon season had not set in or was over. This in itself shows the half hearted effort of the environmental authorities to tackle these matters. It shows how the environmental authorities, at times write reports to play safe both with the industry and the Govern ment administration. A report to suit every occasion.