This order addressed grievances regarding pollution from a hot mix plant in Pauri Garhwal. The Tribunal directed the State PCB to formulate and notify siting policies within two months, if not already in place, to ensure compliance with environmental norms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(Court No. 1)
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 202/2021
Satish Chander Singh Applicant
Versus
Uttarakhand Environment Protection and Pollution Control Board Respondent
Date of hearing: 22.02.2022
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Mukesh Verma, Advocate for UEPPCB
ORDER
1
health and environment. The applicant has relied on a report of inspection conducted by SDM, Pauri Garhwal finding various deficiencies and recommending safeguards. Order dated 21.04.2021 passed by the District Magistrate is also subject to certain conditions which are not being followed.
2
Mix Plant, Redimix Plant Permission Policy, 2021,” laying down the conditions of consent, renewal etc. for registration on e-portal. However, registration has not been taken, as per department’s report dated 25.10.2021.
“xxx …………………………xxx…………………………………….xxx 3. ……The State PCB needs to adopt an appropriate siting policy, if not laid down so far, having regard to the fact that hot mix plant is hazardous to environment with huge potential for air pollution. ‘Precautionary’ and ‘Sustainable Development’ principles require that location of hot mix plant should be at a reasonable distance from habitation or sensitive establishments. Decision in this regard may be taken within one month.”
3
Further, after laying down policy, the State PCB may also ascertain compliance of norms by the hot mix plants by initiating an appropriate drive on the subject with reference to siting and environmental norms. A report of compliance status as on 30.06.2022 be filed by 15.07.2022 with the Registrar General of this Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. If any further direction appears to be necessary, the Registrar General may place the matter before the Bench for further directions.
Subject to above, the application is disposed of.
A copy of this order be forwarded to State PCB by e-mail for
compliance.
Adarsh Kumar Goel, CP
Sudhir Agarwal, JM
Dr. A. Senthil Vel, EM
February 22, 2022 Original Application No. 202/2021 SN
4
3 issues framed by the court
Whether the State PCB should lay down siting and environmental norms for hot mix plants if not already done.
Whether existing plants must comply with future siting policies even during the commissioning period.
Whether an industrial policy can substitute the statutory functions of the State PCB under environmental laws.
Colour shows how this judgement treated each authority
Mahinder Kumar & Ors. vs. State of Himachal Pradesh & Ors.Referred¶21
E.A. No. 34/2021 in O.A. No. 186/2021, Mahinder Kumar & Ors. vs. State of Himachal Pradesh & Ors.
MoEF&CC Draft Notification dated 08.01.2020Referred¶20
2 provisions across 2 enactments
Satish Chander Singh
Uttarakhand Environment Protection and Pollution Control Board
Adarsh Kumar Goel
Sudhir Agarwal
A. Senthil Vel
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
