WPPIL/65/2023
2023 Latest Caselaw 2122 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                          COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      08.08.2023                     WPPIL No. 65 of 2023
                                     Hon'ble Vipin Sanghi, C.J.
                                     Hon'ble Rakesh Thapliyal, J.

1. Mr. S.R.S. Gill, learned counsel for the petitioner.

2. Mr. S.S. Chauhan, learned Deputy Advocate General for the State of Uttarakhand/ respondent nos.1 to 3.

3. Mr. Aditya Pratap Singh, learned counsel for respondent no. 4.

4. Mr. Hari Om Bhakuni, learned counsel for respondent no. 5.

5. Issue notice.

6. Counsels for the respondents appear and accept notice.

7. The petitioner has filed a supplementary affidavit, along with the photographs and documents. Mr. Gill points out that the consent to establish has been granted to respondent no. 5, on the basis of an inspection report, to which the representative of the State Pollution Control Board was not a party.

8. Mr. Singh, who appears for the State Pollution Control Board, submits that, after the judgment of this Court in Writ Petition (PIL) No. 168 of 2019, 'Devendra Singh Adhikari v. State of Uttarakhand & others', the State Pollution Control Board has started the process of undertaking inspection in all cases, where inspection reports were prepared, without the participation of the State Pollution Control Board.

9. We direct the State Pollution Control Board to conduct an inspection of the stone crusher in question, since it is the claim of the petitioner that the same violates the norms set out in the Policy dated 01.11.2021, framed by the State, namely, Uttarakhand Stone Crusher, Screening Plant, Mobile Stone Crusher, Mobile Screening Plant, Pulverizer Plant, Hot Mix Plant, Ready Mix Plant License Policy, 2021.

10. Respondents should file their counter affidavits within four weeks.

11. Rejoinder before the next date.

12. The State Pollution Control Board should bring on record its inspection report, with regard to the inspection conducted in terms of our order today, along with its counter affidavit, and clearly state, whether the stone crusher plant of respondent no. 5 fully complies with the requirements laid down in the Stone Crusher Policy, 2021, as well as all the environmental clearance norms.

13. Till the next date, the consent to operate shall not be granted to respondent no. 5.

14. List on 20.12.2023.

      (Rakesh Thapliyal, J.)              (Vipin Sanghi, C.J.)
          08.08.2023                         08.08.2023
Rahul