Order of the National Green Tribunal in the matter of Deepak Kumar & Others Vs State of Uttarakhand & Others dated 03/01/2023.

The Appeal has been preferred against order of the State Environment Impact Assessment Authority (SEIAA), Uttarakhand, August 12, 2021 granting EC for establishment of proposed stone crusher plant at village Baluwala, Pargana Pachhwadoon, tehsil Vikasnagar, district Dehradun.

Objection of the appellant is that Doon Valley is a protected area as per Notification dated February 1, 1989 where stone crushing is not permissible in the light of judgment of the Supreme Court (Rural Litigation & Entitlement Kendra v. State of U.P & Ors., AIR 1988 SC 2187).

Mining can be commenced only with the permission of the Central Government which has not been obtained in the present case. The location of the stone crusher is on the flood plain of river in violation of Uttarakhand Mineral (Prevention of Illegal Mining, Illegal Transport and Illegal Storage) Rules, 2020. EC has been granted even before license to operate the stone crusher and without conducting any environment impact assessment. There is no permission for extraction of ground water while the EC notes that water requirement will be met from bore-well.

The NGT, September 27, 2022 had a directed a joint committee comprising the Central Pollution Control Board, Uttarakhand Pollution Control Board and District Magistrate, Dehradun to furnish a report within two months. However, even after three months, no report has been submitted by the said committee.

The NGT directed the Member Secretary, UKPCB to appear before the court on the next date (January 20, 2023). Further, the report has to be submitted within 15 days "failing which all members of the committee shall also appear before the Tribunal on next date".