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CWP No.21899 of 2012 (O & M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.21899 of 2012 (O & M)
Date of decision:13.08.2013
Surmukh Singh .....Petitioner
Versus
State of Punjab & others ......Respondents
CORAM: HON'BLE MR.JUSTICE JASBIR SINGH
HON'BLE MR.JUSTICE G.S.SANDHAWALIA
Present: Mr.R.S.Pandher, Advocate, for the petitioner.
Mr.Ashwani Talwar, Addl.A.G., Punjab
with Mr.Sunil K.Vashisth, AAG, Punjab, for respondents No.1 to 3.
Mr.O.S.Batalvi, Senior Standing Counsel,
with Mrs.Kamla Malik, Central Government Counsel, for UOI.
Mr.R.K.Goel, Advocate, for
Mr.A.R.Takkar, Advocate, for respondent No.5.
Mr.H.S.Deol, Advocate, for respondents No.6 to 9.
*****
Jasbir Singh J.(Oral) Vide a general order dated 05.10.2012 (Annexure P4), on account of imposition of ban on extracting sand, stone, gravel etc., the running stone crushing units were ordered to be closed temporarily.
Petitioner came to this Court by stating that he be allowed to run his stone crushing unit by getting materials from the adjoining State of Himachal Pradesh and Jammu & Kashmir etc. Taking note of a fact that some crushing units are situated in river beds, this Court passed the following order on 22.04.2013:
"Affidavit of Harjinder Singh Pannu, General Manager-cum- Mining Officer, District Industry Centre, SAS Nagar filed, in Court, Sailesh Ranjan 2013.08.30 16:27 is taken on record.
I attest to the accuracy and
integrity of this document
CWP No.21899 of 2012 (O & M) -2-
A perusal of the affidavit reveals that 90 stone crushers have been installed or are under installation in river beds/choes. We are of the, prima facie, opinion that the stone crushers cannot be installed in the bed or catchment area of river/choe, as it would necessarily degrade the river bed/choe and the catchment area, as to adversely affect the flow of water.
Mr.Ashwani Talwar, Additional Advocate, General, Punjab, states that all necessary approvals have been obtained by these stone crushing units from the concerned department.
The State of Punjab is directed to file an affidavit placing on record relevant rules and regulations that permit installation of stone crushers in river bed/choes or in their catchment areas." Concern was shown by this Court that such like units will disrupt the free flow of water in rivers and may cause havoc in the adjoining areas. The State of Punjab was directed to ascertain whether necessary approval has been obtained from the concerned departments, by those stone crushing units or not. Thereafter, an affidavit was filed. Taking note of the same, on 02.05.2013, following order was passed by this Court:
"During the course of hearing, it has been brought to our notice that a large number of stone crushers are operating from ecologically sensitive areas, like river beds, `choes' or their catchment areas.
The citing parameters, framed 16 years ago by notification dated 17.3.1998, do not prohibit setting up of stone crushers in river beds, `choes' or their catchment areas. The citing parameters, in our considered opinion, do not address significant advances in our understanding of environmental degradation that have come to the fore over the last decade or so. It would, therefore, be appropriate, as accepted by counsel for the State of Punjab as well as counsel for the Pollution Control Board, to order that a meeting of the Principal Secretaries, Department of Industries, Science, Technology and Environment, Department of Housing and Development, the Director, Town and Country Planning, the Chairman, Pollution Control Board and the Principal Secretary, Irrigation Department, be convened, to reconsider the citing parameters with particular reference to whether stone crushers, Sailesh Ranjan should be allowed to operate from river beds, `choes' and their 2013.08.30 16:27 I attest to the accuracy and integrity of this document CWP No.21899 of 2012 (O & M) -3-
catchment areas and also to consider the necessity of defining the words "river bed", `choe' and "catchment area" and delimiting their areas.
It would be appreciated if a meeting is convened before the next date of hearing, i.e. 27.5.2013.
To consider the prohibition imposed by the State of Punjab on other stone crushers, the writ petition be put for hearing on 10.5.2013."
It was noted that large number of stone crushers are running their stone crushing units in areas like river bed/choes or in the catchment areas of the rivers etc., citing parameters fixed in matter on 17.03.1998 was relied upon to show that. It was also said that if such like units are allowed to continue, it will amount to environmental degradation. The State authorities were directed to reconsider the citing parameters with particular reference to whether stone crushers shall be allowed to operate from river bed/choes etc. or not.
During hearing of the case, it was brought to the notice of this Court that the stone crushing units have temporarily been stopped on account of ban imposed on extracting of minor minerals.
In the meantime, the State took-over an exercise to frame policy guidelines for stone crushers in the State of Punjab. Taking note of the same, on 30.05.2013, following order was passed by this Court:
"Counsel for State of Punjab submits on instructions that a proposal to modify the policy guidelines for registration and working of stone crushers in the State of Punjab, was sent for approval and has been considered by the Cabinet and after receipt of decision, the relevant regulations shall be notified within 15 days. It is further stated that after compliance with new terms and conditions, the stone crushers, which abide by the additional terms and conditions, shall be allowed to function, subject to due verification from time to time by the officers concerned as well as by the District Level Committee and the District Level Environment Management Cell constituted under the Punjab Mining Minerals Rules, 2013 and the Sailesh Ranjan 2013.08.30 16:27 I attest to the accuracy and Minerals Development and Regulation Act, 1957.
integrity of this document CWP No.21899 of 2012 (O & M) -4-
Counsel for State of Punjab submits that requisite notification for notifying norms with respect to citing parameters regarding removing of stone crushers from river beds/catchment area is under active consideration."
In response thereto, affidavit of Shri Joginder Singh, Environmental Engineer, Punjab Pollution Control Board, Regional Office at Mohali, was filed in Court wherein, it was stated that necessary amendments have been made in the notification dated 17.03.1998 to ensure that running of crushing units may not cause any environmental degradation. The extent of amendments made were also mentioned in the abovesaid affidavit. Copy of the notification dated 30.07.2013, now amending the earlier guidelines, is put on record as Annexure 'A', wherein, it is stated as under:
"(A) No stone crusher/screening-cum-washing plant be allowed to be set up in a choe, rivulet, stream or river bed within their Flood Protection Embankments. The stone crusher/screening-cum- washing plant shall be set up at a minimum distance of 50 meters from the Flood Protection Embankment on the outer side of the river and 25 meters from the Flood Protection Embankment on outer side of rivulet/stream/choe. Where there is no Flood Protection Embankment, the stone crusher/screening-cum-washing plant shall only be set up at the minimum distance of 50 meters from the outer edge of the Gair-Mumkin land as per revenue record recorded as Gair-Mumkin nadi, choe or similar nomenclature identifying a water body on the outer side of the choe/river. This sub-clause will apply to all new crushers/screening-cum- washing plants prospectively i.e. from the date of gazette notification. Existing stone crusher/screening-cum-washing plants will be allowed to continue as per the terms of consent already issued i.e. these guidelines will be implemented prospectively."
Other parameters were also set down to grant permission to run stone crushing units including treatment of discharge of effluent etc. After looking at the abovesaid amendment, it was noticed by the Court that it was made applicable only to the new units. In view of the above, on Sailesh Ranjan 2013.08.30 16:27 I attest to the accuracy and integrity of this document CWP No.21899 of 2012 (O & M) -5-
07.08.2013, following order was passed by this Court:
"Counsel for the Pollution Control Board has placed on record an affidavit of Joginder Singh, Environmental Engineer, Punjab along with copy of a notification amending the earlier Notification dated 17.3.1988 regarding conditions to be complied with for setting up a Stone Crusher, Screening-cum-Washing Plant.
Copies have been supplied to the counsel opposite. Adjourned to 13.8.2013.
Counsel for the Pollution Control Board is directed to file an affidavit of its Chairman, specifically mentioning that as and when renewal is to be granted to the existing Crushing Units, they shall have to comply with the conditions now incorporated in Notification dated 30.7.2013, before grant of renewal."
The Pollution Control Board was directed to file an affidavit of its Chairman that as and when renewal is to be granted to the existing crushing units, why those units be not asked to comply with the conditions now incorporated in the notification dated 30.07.2013. In response thereto, an affidavit dated 12.08.2013 of the abovesaid officer has been filed in the Court today. Relevant portion of the affidavit reads thus:
"3. That during the proceedings of this matter, this Hon'ble Court was pleased to inter-alia directed the Chairman, Punjab Pollution Control Board to submit an affidavit regarding the steps being taken by the Government, to remove the existing stone crushers/washing plants from the river beds/catchment areas and as to whether any norms have been fixed in this regard.
4. That a meeting under the Chairmanship of the Principal Secretary, Department of Industries & Commerce was held on 08.08.2013, (Copy of minutes of meeting enclosed as annexure-A), which was attended by the following officers:
1. Sh.Prithi Chand, IAS, Chief Adminstrator, PUDA.
2. Sh.Manasvi Kumar, IAS, Director, Mining.
3. Dr.Babu Ram, Member Secretary, Punjab Pollution Control Board.
4. Sh.Vinod Chowdhary, Chief Engineer Drainage.
5. Sh.H.S.Dhillon, Chief Town Planner.
Sailesh Ranjan 2013.08.30 16:27 6. Sh.Sushminder Singh, State Geologist.
I attest to the accuracy and
integrity of this document
CWP No.21899 of 2012 (O & M) -6-
7. Sh.Vishav Bandhu, OSD, Geological.
5. That during the meeting, it emerged that since in the State of Punjab, there are about 600 stone crushers/washing plants, which have been located in the different Districts of the State and in order to ascertain their exact location within the river bed or outside, sufficient time is required to identify these stone crushers/washing plants. After detailed deliberations, the norms for the shifting of existing stone crushers/washing plants located in different water beds and outside the river beds were fixed which are as under:
1. That the existing stone crushers who are in violation of the amended notification no.3/35/2013-STE(4)/734 dated 30.07.2013 may be shifted within a period of two years and shall be located as per the guidelines notified by the Department of Science & Technology vide no.3/7/96/-STE(5)/562 dated 17.3.1998 as partially amended vide notification no.3/35/2013-STE(4)/734 dated 30.07.2013.
2. The existing stone crushers located in the river bed may be shifted within one year and shall be located as per the guidelines notified by the Department of Science & Technology vide no.3/7/96- STE(5)/562 dated 17.3.1998 as partially amended vide notification no.3/35/2013-STE(4)/734 dated 30.07.2013.
3. The consent under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 granted by Punjab Pollution Control Board to the existing Stone Crushers/Washing Plants shall be reviewed accordingly." It is specifically stated in the affidavit that to further clarify the guidelines to set up and run stone crushing units, a meeting was called and it was decided that the existing stone crushing units, operating in violation of the amended notification dated 30.07.2013, may be shifted within a period of two years and shall be located as per the guidelines notified by the Department on 17.03.1998 and amended thereafter on 30.07.2013. It was further stated that existing stone crushing units located in the river bed, may be shifted within one year and shall be located as per the guidelines, referred above. It was further stated that consent granted to the running crushing units under Water (Prevention Sailesh Ranjan 2013.08.30 16:27 I attest to the accuracy and integrity of this document CWP No.21899 of 2012 (O & M) -7-
& Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, shall be renewed, accordingly.
It has also come on record in the affidavit dated 27.05.2013, filed by Shri Sushminder Singh, State Geologist, Department of Industries & Commerce, Punjab, Chandigarh, that the State Government has issued guidelines to ensure stoppage of illegal import of crushing materials from other states. Some other restrictional conditions were also imposed on running of stone crushing units, as aforementioned, in document (Annexure R1), placed on record with the abovesaid affidavit.
At the time of arguments, it was also brought to the notice of this Court that about 20 quarries have been put to auction only yesterday and now, materials for stone crushing units will be available within the State itself.
If the extraction of mining minerals is allowed in the State of Punjab, after getting necessary permission from the Environment Ministry, the very reason to close stone crushing units temporarily, would, no more be in existence, which was the reason to issue order dated 05.10.2012 (Annexure P4).
Taking note of the above facts and circumstances, we dispose of this writ petition directing the State authorities to comply with directions issued from time to time and as noted above, in this order. It is further directed that the District Mining Officer of a particular district shall be personally responsible to verify the credentials of all stone crushing units in that particular district and further to ensure that the units shall not extract any crushing material illegally, from the nearby source like river, choe etc. If need be, the said officer can ask the SSP concerned to provide police help, if need be. The State is directed to issue specific direction to the concerned officers in the State of Punjab to ensure proper compliance of the guidelines to allow running of the stone crushing units.
Sailesh Ranjan
2013.08.30 16:27
I attest to the accuracy and
integrity of this document
CWP No.21899 of 2012 (O & M) -8-
It is made clear that if any running unit(s) which needs to be shifted from the river bed etc., as is now proposed in the affidavit filed today in Court, fail to shift as per conditions referred to above, all such unit(s) shall be closed on expiry of the time granted and no further permission shall be granted to run any such unit(s). A compliance report regarding the shifting of stone crushing units from the river beds/choes etc. be submitted to this Court after the expiry of the period of 2 years as provided in the affidavit dated 12.08.2013.
(JASBIR SINGH)
JUDGE
13.08.2013 (G.S.SANDHAWALIA)
sailesh JUDGE
Sailesh Ranjan
2013.08.30 16:27
I attest to the accuracy and
integrity of this document