Disposed

Gurudwara Manak Tabra Prabandhan Committee through Its President Sh Tara Singh Son Sh Jhanda Singh v. State of Haryana

NGT8 Jul 2024IA No. 146/2022 in Original Application No. 434/2022

Case brief

AI extract

What is this about?

The Tribunal examined a complaint regarding screening plants violating siting norms near a Gurudwara. It was reported that screening plants complied with environmental consents. The Court held that a Gurudwara is a religious place, not a 'tourist complex', and the siting norms do not apply to pre-existing plants lacking retrospective intent.

What did the court decide?

Application disposed of; direction given to HSPCB for regular inspections to ensure consent compliance.

Gurudwara Manak Tabra Prabandhan Committee through Its… — Environment and Pollution | NGT (2024)

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Item No.06

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.

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Original Application No. 434/2022 (IA NO. 147/2022 and IA NO. 146/2022)

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Gurudwara Manak Tabra Prabandhan Committee Through Its President Sh. Tara Singh Son Sh. Jhanda Singh

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Applicant

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Versus

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State of Haryana & Ors. Respondents

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Date of hearing: 08.07.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Mr. Deepkaran Dalal and Mr. Raunaq Dalal, Advocates

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Respondents: Mr. Rahul Khurana, Advocate for Respondent No. 1 to 4 with Dr. Ravinder Singh, Scientist B, HSPCB, Panchkula

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Ms. Anubha Agrawal, Advocate for Respondent No. 6 & 7 (through VC)

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Mr. A. R. Takkar, Mr. Bhargava Ravikumar, Mr. Prince Sharma and Mr. Manan Takkar, Advocates for Respondent No. 8 to 10 (through VC)

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ORDER

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The Original Application was registered under Sections 14 and 15 read with Section 18 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010) on an application by Gurudwara Manak Tabra Prabandhan Committee through its President Shri Tara Singh alleging that there are several screening plants in the vicinity of Gurudwara Parisar in village Manak Tabra, Tehsil and District Panchkula, State of Haryana which are violating siting criteria provided by Notification dated 10.03.2016 and also operating in violation of the environmental laws and norms causing pollution in the area concerned.

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Taking congnizance of the complaint, this Tribunal on 04.07.2022 found it appropriate to obtain a factual report after verification of the facts stated by the applicant and thus constituted a joint Committee comprising Haryana State Pollution Control Board and Deputy Commissioner, Panchkula wherein the Pollution Control Board was made nodal agency. The Committee was required to submit report within four weeks.

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Pursuant to order dated 04.07.2022, the joint Committee submitted its report dated 25.11.2022 (filed by email dated 25.11.2022). Facts relating to Respondent Nos. 5 to 7 i.e. M/s Shree Ram Screening Plant, M/s Diwan Screening Plant and M/s Mahadev Screening Plant were verified and it was informed that all the three units had obtained Consent to Establish and Consent to Operate, but M/s Shree Ram Screening Plants was closed vide HSPCB’s order dated 29.08.2022 and M/s Mahadev Screening Plant was closed vide HSPCB’s order dated 07.04.2022. Only M/s Diwan Screening Plant was found operational on the day of inspection by joint Committee i.e. on 16.07.2022. Details of observations made by Committee in respect of the above Screening Plants, mentioned in the report are as under:-

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“a. M/s Shri Ram Screening Plant, Village Manak Tabra

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i. Statutory status

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*Category*	*Orange*
Distance of the screening plant from various siting parameters	As per DFO, Pinjore report dated 08.02.2017 the above said screening plant is within siting criteria as per notification dated 10.03.2016 and as per the report of Naib Tehsildar, Raipur Rani at Sr. No 7, the above said Screening Plant distance from nearest tourist complex is 25 kilometers (Annexure-R-4).
CTE	The unit was established before the issuance of

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	the Environment Department notification dated 04.10.2007 and after the issuance of the notification dated 04.10.2007, the unit applied for grant of Consent for the year of 2008-2009.
CTO	Obtained upto 31.03.2023 (Annexure-R-5).
Present Status	Closed by Board on 29.08.2022 in compliance of closure order dated 22.08.2022 (Annexure-R 6).

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b. M/s Mahadev Screening Plant, Village Manak Tabra

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ii. Statutory status

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*Category*	*Orange*
Distance of the screening plant from various siting parameters	As per DFO, Morni report dated 30.08.2018 the above said screening plant, actual distance from any land recorded as forest in Govt. record is 12 kms. (Annexure-R 7).
Distance of the screening plant as per the Tehsildar report	As per the Tehsildar report at Sr. No. 7 the distance of the above said screening plant from nearest tourist complex is 10 km and the screening plant siting parameters are within the parameters mentioned in the notification dated 10.03.2016 (Annexure-R 8).
Distance of the screening plant as per the Wildlife Department	The report of the Wildlife Department dated 19.09.2018 is attached as (Annexure-R 9).
No objection certificate for setting up of screening plant in the revenue state of village Manak Tabra, Tehsil Manak Tabra, Tehsil-Raipur Rani, Panchkula.	The Sr. Town Planner, Panchkula vide letter dated 20.07.2018 issued the No Objection Certificate above said screening plant (Annexure-R 10).
CTE	The unit obtained the consent to establish for the period from 28.10.2018 to 27.10.2023 (Annexure-R 11).
CTO	The unit obtained consent to operate for the period 29.01.2019 to 31.03.2022 on 07.02.2019 and the unit application no. 7704755 dated 25.04.2022 for grant of consent to operate was refused vide letter dated 23.05.2022. (Annexure- R 12&13).
Present Status	_Closed by Board incompliance of closure order _

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dated 04.04.2022(Annexure-R 14).

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c. M/s Diwan Screening Plant, Village Manak Tabra

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iii. Statutory status

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*Category*	*Orange*
Distance of the screening plant from various siting parameters	As per DFO, Morni Report dated 06.12.2016 the above said screening plant, actual distance from any land recorded as forest in Govt. record is 06 kms. (Annexure-R 15).
Distance of the screening plant as per the Tehsildar report	As per the Tehsildar report at Sr. No. 7 the distance of the above said screening plant from nearest tourist complex is 17 km and the screening plant siting parameters are within the parameters mentioned in the notification dated 10.03.2016 (Annexure-R 16).
CTE	The unit was established before the issuance of the Environment Department notification dated 04.10.2007 and after the issuance of the notification dated 04.10.2007, the unit applied for grant of Consent for the year of 2008-2009.
CTO	Obtained upto 31.03.2024 (Annexure-R 17).
Present Status	The unit complying with the notification dated 10.03.2016.

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Detailed Status of Screening Plants in question

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1. The Shri Ram Screening Plant established in Manak Tabra, Raipur Rani, Panchkula applied for grant of Consent to Operate for the period of 01.04.2008 to 31.03.2009 and the same was granted to the unit (Annexure-R-18). Further, on expiry of the consent to operate, the unit applied for the renewal of the consent for the period 01.04.2009 to 31.03.2010. The consent for the above said period was granted to the unit (Annexure-R-19). The unit was closed on 05.08.2010 in compliance of closure order dated 02.08.2010 issued on the recommendation of Regional Officer, Panchkula Region that the above said screening plant is not meeting the prescribed siting norms as per the govt. notification (Annexure-R -20 & 21).

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The unit vide its letter dated 14/03/2017 requested for de-sealing the screening plant and closure order was suspended vide order dated 05.12.2017. Thereafter the unit applied for the consent to operate for the period 16.12.2017 to 31.03.2022 and the same was granted to the unit on 16.01.2018(Annexure-R -22 & 23). That on expiry of the consent to operate, the unit applied for grant of consent to operate for the period 01.04.2022 to 31.03.2023 and the same was granted to the unit on 24.01.2022 (Annexure-R - 24).

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Present Status:-

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That a complaint received against the above said screening plants through District Grievance Committee Panchkula regarding discharging of muddy water in river Tangri through nearby drain/river.

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The members of District Grievance Committee inspected the screening plants on 08.07.2022 (Annexure-R-25) and it was observed that above said screening plant was provided 03 nos recirculation water tanks but partially maintaining the recirculation tanks and found discharging muddy water outside the premises of the unit into river Tangri by temporary arrangements.

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Therefore, violation observed during the inspection dated 08.07.2022, the Regional Officer, Panchkula recommended the competent authority of the Board to issue closure order and in compliance of the closure order, the unit was closed on 29.08.2022 (Annexure-R-26).

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2. The Mahadev Screening Plant established in Manak Tabra, Raipur Rani, Panchkula was obtained CTO upto 31.03.2022 from the Board and the said screening plant application no. 7704755 dated 25.04.2022 for grant of Consent to Operate was refused on 23.05.2022 (Annexure-R-27).

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Further, the screening plant was closed on 07.04.2022 for not maintaining 03 nos recirculation water tanks and discharging the waste water into nearby river Tangri through seasonal river/drain.

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Present Status:-

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The unit was inspected on 11.02.2022 and it was observed that above said screening plant was not maintained 03 nos recirculation water tanks and discharging the waste water into nearby river Tangri through seasonal river/drain (Annexure-R-28).

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Therefore violation committed by the unit, Regional Office, Panchkula recommended to the competent authority of the Board to issue the closure order and in compliance of the closure order dated 04.04.2022, the unit was closed on 07.04.2022 (Annexure-R-29).

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3. The Diwan Screening plant established in Manak Tabra, Raipur Rani, Panchkula applied for grant of Consent to Operate for the period of 01.04.2008 to 31.03.2009 and the same was granted to the unit (Annexure-R -30). Further, on expiry of the consent to operate, the unit applied for the renewal of the consent for the period 01.04.2009 to 31.03.2010. The consent for the above said period was granted to the unit (Annexure-R -31).

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The above said unit was closed on 05.08.2010 in compliance of closure order dated 02.08.2010 issued on the recommendation of Regional Officer, Panchkula Region that the above said screening plant is not meeting the prescribed siting norms as per the govt. notification (Annexure-R -32).

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The above said unit vide its letter dated 03.11.2016 requested to open the screening plant and closure order was suspended vide order dated 02.02.2017(Annexure-R-33). Thereafter the unit applied for the consent to operate for the period 02.02.2017 to 31.03.2018 and the same was granted to the unit on 08.02.2017 (Annexure-R-34). That on expiry of the consent to operate, the unit applied for grant of consent to operate for the period 01.04.2018 to 31.03.2024 and after the Examination of the application the same was granted to the unit on 06.01.2018 (Annexure-R -35).

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Present Status:-

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The above said unit is operational and complying with the notification dated 10.03.2016.

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The report is submitted for kind consideration please. It is undertaken to comply with the directions passed by Hon'ble Tribunal.

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Conclusions:-

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The joint committee is on this conclusion that the applicant averments in the present petition before this Hon'ble NGT regarding the Gurudwara Manak Tabra is covered under the category of a tourist complex and the screening plants are running in violation of siting criteria as per notification dated 10.03.2016 are incorrect and as per the Haryana Tourism Corporation Ltd. report dated 31.08.2022 (Annexed already as R-2) the Gurudwara Manak Tabra is not a tourist complex declared by Tourism Department, Haryana. Further, the above said screening plants are not violating the siting criteria as alleged by the applicant in his petition. ”

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The report was considered by Tribunal on 04.07.2023 but it was found that the joint Committee has not looked into the aspects of compliance of consent conditions by the concerned Screening Plants and specific observations in this regard were lacking. The joint Committee, therefore, was directed to revisit the site, verify factual status and submit fresh report.

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Pursuant thereto the joint Committee submitted its report dated 25.07.2023 mentioning its observation in respect of compliance status by the above Respondents 5 to 7, as under:-

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“i. Relevant facts pertaining to M/s Mahadev Screening Plant: -

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( a ) T h e u n i t w a s i n s p e c t e d o n 1 1 . 0 2 . 2 0 2 2 a n d i t w a s found that the above said screening plant was not maintaining 03 nos. recirculation water tanks and discharging the waste water into nearby river Tangri through seasonal river/drain.

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(b) In view of violation committed by the unit, Regional Office, Panchkula recommended to the competent authority of the Board to issue the closure order and in compliance of the closure order dated 04.04.2022, the unit was closed on 07.04.2022.

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(c) That the Regional Officer, Panchkula recommended to the competent auth ority of the Board for imposition of Environmental compensation on the above said screening plant and the Environment compensation assessment committee examined the recommendation of Environmental compensation and vide order dated 24.06.2022 (Annexure-R-1) imposed the Environmental compensation of Rs. 3,50,000/ - on the above said unit for the violation committed by the unit. In compliance of order dated 24.06.2022, the unit deposited the amount of Rs. 3,50,000/ - of Environment compensation through RTGS with the Haryana State Pollution Control Board on 07.01.2023 (Annexure-R-2).

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(d) Thereafter, the unit submitted request letter dated 19.01.2023 for suspension of closure order and made the compliance of violation mentioned in the closure order dated 04.04.2022. Further, the unit vide application no. 33437058 dated 31.01.2023 applied for grant of Consent to Operate (Annexure - R-3).

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(e) Further, the Regional Officer, Panchkula has recommended to the Competent Authority for issue of suspension of closure order in view of compliance made by the unit and after consideration the facts and recommendation, the Competent Authority vide orders dated 08.02.2023 suspend the closure order with the following conditions (Annexure-R-4):-

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1. Unit will maintain re-circulation tanks/APCM and will also maintain logbook.

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2. Unit will obtain CTO before starting the plant.

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3. Unit will submit A/R within 30 days of the suspension of closure order, if applicable.

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4. Unit will take raw material from legal source.

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5. Unit will not change name/ownership without prior permission of the Board.

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6. Unit will not make any expansion without permission of Board.

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7. Unit will abide all the rules/acts/directions issued by HSPCB, CPCB, MoEF &CC and Hon'ble NGT from time to time.

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That the HSPCB granted to the unit Consent to Operate (CTO) vide letter dated 12.02.2023 for the period 12.2.2023 to 31.03.2025 with the conditions and the above said unit is operational.

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ii) Relevant facts pertaining to M/s Shree Ram Screening Plant:-

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(a) The members of District Grievance Committee inspected the screening plants on 08.07.2022 and it was observed that above said screening plant provided 03 no.s recirculation water tanks but partially maintaining the recirculation tanks and found discharging muddy water outside the premises of the unit into river Tangri by providing temporary arrangements.

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(b) Therefore, on recommendation of Regional Officer, Panchkula the competent authority of the Board issued Closure Order and in compliance of the closure order, the unit was closed on 29.08.2022 (AnnexureR-5).

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(c) At present unit is lying sealed by the Board.

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iii) M/s Diwan Screening Plant, Village - Manak Tabra

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(a) The unit applied f or grant of consent to operate f or the period 01.04.2.018 to 31.03.2024 and af ter the Ex amin ation of the applic ation the same was granted to the unit on 06.01.2018 with general an d so me specif ic conditions.

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COMPLIANCE STATUS OF CTO CONDITIONS:

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4. In compliance of the directions dated 04.07.2023 of Hcn'ble National Green Tribunal, a Joint Committee comprising of the following members inspected the Screening Plants on 12.07.2023 to verify the compliance of the CTO Conditions:

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i. Smt. Varsha Khangwal, ADC, Panchkula.

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ii. Sh. Virender Singh Punia, EE, Regional Office, Panchkula.

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iii. Sh. Sudhir Mohan, AEE, Regional Office, Panchkula. iv. Sh, Sanchi, Inspector, Mining & Geology Department, Panchkula.

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It is necessary to mention here that during inspection dated 12.07.2023, complete verification of the Consent to Operate (CTO) could not be possible due to heavy rain in Raipur Rani, District-Panchkula, however partial inspection was conducted, Further, the Joint Committee again on 20.07.2023 visited the site in compliance of the order dated 04.07.2023.

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Status of compliance of Consent to Operate (CTO) conditions:

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The Joint Committee visited the site on 12/07/2023 and 20.07.2023 and it was observed by the Joint Committee that the 02 nos. Screening Plant i.e. M/s Diwan Screening Plant and M/s Mahadev Screening Plant are operational and 01 no Screening Plant i.e. M/s Shree Ram Screening Plant found lying sealed/closed by the Board, hence non - operational. The detailed status of the Screening Plants regarding compliance of the CTO conditions and the compliance of the conditions of Notification dated 10.03.2016 (attached as Annexure-R-6) issued for Screening Plants by Environment & Climate Change Department, Haryana is as under:-

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M/s Diwan Screening Plant, Manak Tabra, Panchkula

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i) The above said screening plant obtained the CTO vide certificate dated 06.01.2018 from 01.04.2018 to 31.03.2024 with general and some specific conditions from the Board. Copy of the CTO is attached as Annexure-R-7.

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ii) The Joint Committee in compliance of the order dated 04.07.2023 visited the M/s Diwan Screening Plant, Manak Tabra, Panchkula and verified the compliance of CTO conditions of the above said screening plant. Copy of the inspection report alongwith photographs are attached as Annexure -R8 and R-9.

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iii) The Joint Committee during inspection observed the deficiency:- 1.) that the unit has partially provided the two rows of trees along the outer periphery as in some places there is a gap between the existing trees and to fill the gap between the trees, unit has planted fresh plants which is not fully grown. Further, unit has erected a barricade along the outer periphery by installing flexible cloth/Green Jalli as to ccntrol the dust emission and the height of the installed cloth/Green Jalli is less than the height of the highest tip of the conveyor belts which is a violation of the conditions of notification dated

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10.03.2016. 2.) the re-circulation tanks installed by the screening plant found inadequate however unit found recirculating the process water through 01 tank.

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iv) Further, it is submitted that the Joint Committee observed that the above said screening plant is complying the conditions of the CTO except deficiency mentioned above.

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M/s Mahadev Screening Plant, Manak Tabra, Panchkula

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i) The above said screening plant obtained the CTO vide certificate dated 12.02.2023 from 12.02.2023 to 31.03.2025 with general and some specific conditions from the Board. Copy of the CTO is attached as Annexure-R-10.

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ii) The Joint Committee in compliance of the order dated 04.07.2023 visited the M/s Mahadev Screening Plant, Manak Tabra, Panchkula and verified the compliance of CTO conditions of the above said screening plant. Copy of the inspection report and photographs are attached as Annexure-R-11 & R-12.

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iii) The Joint Committee during inspection observed that the unit has partially provided the two rows of trees along the outer periphery as in some places there is a gap between the existing trees and to fill the gap between the trees, unit has planted fresh plants which is not fully grown. Further, unit has erected a barricade along the outer periphery by installing flexible cloth/Green Jalli as to control the dust emission and the height of the installed cloth/Green Jalli is less than the height of the highest tip of the conveyor belts which is a violation of the conditions of notification dated 10.03.2016.

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iv) Further, the Joint Committee observed that except above said deficiency, screening plant is complying the other conditions of the CTO.

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M/s Shree Ram Screening Plant, Manak Tabra, Panchkula

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i) That the joint committee inspected the above said screening plant and it was found that the unit is lying closed and sealed by the Board in compliance of closure order no. 1/130063/2022 dated 17.08.2022. Further, during inspection seals found intact and unit found partially dismantled. Copy of the inspection report is attached as Annexure-R-13.

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Conclusion:

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The joint committee is on this conclusion that the M/s Diwan Screening Plant has violated the 02 condition of the CTO and M/s Mahadev Screening Plant has violated the 01 condition of the CTO as prescribed in Notification dated 10.03.2016.

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It is apt to mention here that the above said screening plants are complying with the other conditions of the CTO & Notification dated 10.03.2016.

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Further, show cause notice has been issued to M/s Mahadev Screening Plant, Manak Tabra, Panchkula and M/s Diwan Screening Plant, Manak Tabra, Panchkula for above mentioned non-compliance of the CTO condition”

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The applicant filed its objections vide email dated 31.07.2023 to the report dated 25.07.2023 stating that Gurudwara is a religious place and also has historical importance, visited by various tourists, scholars and devotees regularly. As per siting criteria provided in the Notification dated 10.03.2016 it cannot be allowed to be established within the permitted distance under the said Notification.

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Tribunal on 11.10.2023 heard the matter and also interacted with Regional Officer, HSPCB Panchkula and thereafter granted time to HSPCB to file an additional report regarding compliance of statutory provisions/environmental norms with requisite details and documents.

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Pursuant thereto Report dated 24.01.2024 has been filed by the Joint Committee. Report refers to six screening plants including those of the Respondents 5, 6 and 7. One was found closed during inspecton and status of other five is given in the report as under:-

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“a. M/s Mahadev Screening Plant (Respondent No.7)

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1. Not maintaining two rows of trees on the outer periphery nor installed erected barricades along the outer periphery by installing flexible cloth to contain the dust emission and height of the enclosed barricade are less than the height of the highest tip of the conveyor belts which is not as per the notification dated 10.03.2016.

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2. Not maintaining metalled road for vehiclular movement inside the premises.

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3. Not maintaining the log book for recycling/reuse of waste water.

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b. M/s Diwan Screening Plant (Respondent No.6)

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2. Not maintaining metalled road for vehicular movement inside the premises.

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3. Not maintaining the log book for recycling/reuse of waste water.

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c) M/s Maa Sharda Screening Plant

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2. Not maintaining metalled road for vehicular movement inside the premises.

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3. Not maintaining the log book for recycling/reuse of waste water.

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d. M/s Maha Luxmi Screening Plant

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2. Not maintaining metalled road for vehicular movement inside the premises.

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3. Not maintaining the log book for recycling/reuse of waste water.

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e. M/s Shree Shayam ji Screening Plant

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2. Not maintaining metalled road for vehicular movement inside the premises.

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3. Not maintaining the log book for recycling/reuse of waste water. ”

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It is also said that screening plants found non-compliant with Notification dated 10.03.2016 had been issued show cause notices dated 23.11.2023 by Regional Officer, HSPCB, Panchkula. The information was also sought by HSPCB from Mining Officer with regard to details of purchase of raw material by screening plants established in the vicinity of village Manak Tabra. Report dated 07.12.2023 was received from Mining Department with details of record of purchase of raw material. We find that one screening plant i.e. M/s Shree Ram Screening was closed. On the question of siting criteria, the report said as under:-

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“ 8. That it is necessary to mention here that as per policy of the Board, before obtaining the Consent from the Board the screening plants needs to comply with the siting criteria as per Notification dated 10.03.2016 and to submit siting criteria report to the Board after the approval of the concerned Tehsildar. It is further submitted that before obtaining the CTE/CTO from the Board in term of Section 25 of Water Act, 1974 and Section 21 of Air Act, 1981, the all screening plants established in the vicinity of Village-Manak Tabra and Raipur Rani already submitted siting criteria report after the approval of the concerned Tehsildar to the Board and according to the siting criteria report, the all screening plants established in the vicinity of Village-Manak Tabra and Raipur Rani are complying with the siting parameters as per notification dated 10.03.2016.

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9. That detailed report of Screening plants in question are as under:

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10.0 M/s Diwan Screening Plant, Village-Manak Tabra.

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That the siting criteria report submitted by the above mentioned screening plants after approval of the Naib Tehsildar, Panchkula is attached as Annexure-R-4. Further, as per Naib Tehsildar report dated 18.01.2024 (AnnexureR-2), the above said unit crow fly distance from the Gurudwara Manak Tabra is 80 karam (440 ft.).

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10.1 Status of Consent to Operate (CTO) conditions compliance:

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That the above mentioned screening plant sought Consent to Operate from the Board in terms of Section 25 of Water Act, 1974 and 21 of Air Act, 1981 and after examination of the application the Board granted the CTO vide dated 06.01.2018 from the period 01.04.2018 to 31.03.2024 (Annexure-R-5). The Joint Committee inspected M/s Diwan screening plant on 16.01.2024 to verify the compliance submitted by the unit of the deficiencies observed on 21.11.2023 and CTO conditions. Further during inspection, the above said unit found operational and observations observed during the inspection are as under: -

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1. Not maintaining the newly planted trees as some of them are dried up.

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2. Installed barricades along the outer periphery on 01 side is found damaged and hence not maintained.

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The Regional Officer recommended to the competent authority for closure action against the above said screening plant for noncomplying the CTO conditions/Notifications dated 10.03.2016 vide letter dated 17.01.2024. The copy of verification report along with photographs is attached as Annexure-R-6. The Regional Officer recommended to the competent authority for closure action against the above said screening plant for noncomplying the CTO conditions/Notifications dated 10.03.2016 vide letter dated 17.01.2024. The copy of verification report along with photographs is attached as Annexure-R-6.

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11.0 M/s Mahadev Screening Plant, Village-Manak Tabra.

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That the siting criteria report submitted by the above mentioned screening plants after approval of the Naib Tehsildar, Panchkula is attached as Annexure-R-7. Further, as per Nat Tehsildar report dated 18.01.2024 (Annexure-R2), the above said unit crows fly distance from the Gurudwara Manak Tabra is 25 karam (137.5 ft.).

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11.1 Status of Consent to Operate (CTO) conditions compliance:

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12.02.2023 from the period 12.02.2023 to 31.03.2025 (Annexure-R-8).

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The Joint Committee inspected M/s Mahadev screening plant on 16.01.2024 to verify the compliance submitted by the unit of the deficiencies observed on 21.11.2023 and CTO conditions. Further during inspection, the above said unit found operational and observations observed during the inspection are as under: -

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1. Installed barricades along the outer periphery on 01 side is damaged and hence not maintained.

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2. Not maintaining the newly planted trees as some of them are dried up.

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12.0 M/s Shri Ram Screening Plant, Village-Manak Tabra.

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That the Regional Office, HSPCB, Panchkula inspected the above said screening plant and it was found that the unit is lying closed and sealed by the Board in compliance of closure order no. I/130063/2022 dated 17.08.2022. Further, during inspection dated 16.01.2024 seals found intact and unit found partially dismantled. Further, as per Naib Tehsildar report dated 18.01.2024 (Annexure-R-2), the above said unit crows fly distance from the Gurudwara Manak Tabra is 41 karam (225 ft.). Copy of the verification report along with photographs is attached as Annexure-R10.

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13.0 M/s Shree Shayam Ji Screening Plant, Village- Manak Tabra, Tirlokpur Road.

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That the siting criteria report submitted by the above mentioned screening plants after approval of the Naib Tehsildar, Panchkula is attached as Annexure-R-11. Further, as per Naib Tehsildar report dated 18.01.2024 (Annexure-R-2), the above said unit crows fly distance from the Gurudwara Manak Tabra is 172 karam (946 ft.).

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13.1 Status of Consent to Operate (CTO) conditions compliance:

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The Joint Committee inspected M/s Shree shayam ji screening plant on 16.01.2024 to verify the compliance submitted by the unit of the deficiencies observed on 21.11.2023 and CTO conditions. Further during inspection, the above said unit found operational and observations observed during the inspection are as under:-

¶147

1. Not maintaining two rows of trees on the outer periphery. 2. Height of installed barricades along the outer periphery is less than the height of the highest tip of the conveyor belts which is not as per the notification dated 10.03.2016.

¶148

¶149

14.0 M/s Maa Sharda Screening Plant, Village-Manak Tabra, Tirlokpur Road.

¶150

That the siting criteria report submitted by the above mentioned screening plants after approval of the Naib Tehsildar, Panchkula is attached as Annexure-R-14. Further, as per Naib Tehsildar report dated 18.01.2024 (Annexure-R-2), the above said unit crows fly distance from the Gurudwara Manak Tabra is 43 karam (236 ft.).

¶151

14.1 Status of Consent to Operate (CTO) conditions compliance:

¶152

¶153

The Joint Committee inspected M/s Maa sharda screening plant on 16.01.2024 to verify the compliance of CTO conditions and deficiencies observed on 21.11.2023. Further during inspection, the above said unit found operational and observations observed during the inspection are as under:-

¶154

1. Not maintaining two rows of trees on the outer periphery.

¶155

2. Height of installed barricades along the outer periphery on 01 side is less than the height of the highest tip of the conveyor belts which is not as per the notification dated 10.03.2016

¶156

¶157

verification report along with photographs is attached as Annexure-R-16.

¶158

15.0 M/s Maha Luxmi Screening Plant, Village-Manak Tabra, Tirlokpur Road.

¶159

That the siting criteria report submitted by the above mentioned screening plants after approval of the Naib Tehsildar, Panchkula is attached as Annexure-R-17. Further, as per Naib Tehsildar report dated 18.01.2024 (Annexure-R-2), the above said unit crows fly distance from the Gurudwara Manak Tabra is 125 karam (687.5 ft.).

¶160

15.1 Status of Consent to Operate (CTO) conditions compliance:

¶161

¶162

The Joint Committee inspected M/s Mahaluxmi screening plant on 16.01.2024 to verify the compliance submitted by the unit of the deficiencies observed on 21.11.2023 and CTO conditions. Further during inspection, the above said unit found operational and observations observed during the inspection are as under:-

¶163

1. Not maintaining two rows of trees on the outer periphery.

¶164

2. Height of installed barricades along the outer periphery is less than the height of the highest tip of the conveyor belts which is not as per the notification dated 10.03.2016.

¶165

3. Not maintaining the ramp inside the premises.

¶166

4. Not maintaining the 03 no. of re-circulation tanks. However found re-circulating with 2 no of tanks.

¶167

¶168

Conclusion-

¶169

It is appropriate to mention here that in screening plants a process of cleaning/washing the river bed material with water and separate the material i.e Gatka, Sand & Bajri is executed.

¶170

The applicant filed the present application with the issue that respondents no. 5 to 7 (screening plants) established in the vicinity of village - Manak Tabra has been not complying the siting parameters as per notification dated 10.03.2016 in the context that Gurudwara manak tabra fall under the categorization of tourist complex due to historical background of the Gurudwara manak Tabra.

¶171

Further, the applicant filed objections dated 24.07.2023 to the Joint Committee report dated 25.11.2022 and alleging that various screening plants that have been regarded as shut are actually functioning illegally and thereby causing immense damage to the environment. That this office has been already submitted report dated 25.11.2022 and 04.07.2023 respectively and presently, Regional Office, Panchkula has placed the records/factual status of screening plants in question.

¶172

It is important to mention here that upon seeking clarification from the Tourist Department, it has been confirmed that Gurudwara Manak Tabra is not categorized as a tourist complex. This information is crucial in assessing the adherence to the stipulated distance of 01 kilometers between screening plants and tourist complexes as per the aforementioned notification.

¶173

Further screening plants in question are established with the verified siting criteria provided by the Tehsildar as per notification of screening plants and no screening plant is operating illegally without consent from the HSPCB.

¶174

Further, the Regional office, Panchkula recommended closure action against the 05 numbers of Screening Plants on 17.01.2023 as mentioned above. ”

¶175

Further additional report dated 16.02.2024 was filed by HSPCB giving details of total screening plants established in village Manak Tabra and Raipur Mining area and it is said that there are total 35 screening plants which have obtained consent and thereof 2 were dismantled six were closed by orders of HSPCB and one was closed on its own. The inspection was made by Field Officers of HSPCB on 13^th and 14^th December, 2023 and they inspected 26 screening plants which were found operational during the said inspection. It was found that some of the screening plants were not fully grown up being fresh plants.

¶176

The matter was considered by Tribunal on 25.01.2024 when it thought it appropriate to implead following as Respondents 8 to 10 – (1) M/s Maa Sharda Screening Plant, Manak Tabra, Panchkula, Haryana (2) M/s Neha Luxmi Screening Plant, Manak Tabra, Panchkula, Haryana and

¶177

(3) M/s Shree Shyamji Secreening Plant, Manak Tabra, Panchkula, Haryana. HSPCB was also directed to file an additional reply. Now vide email dated 28.06.2024 HSPCB has filed compliance report giving status of Respondents 6 to 10 as under:-

¶178

“1.0 Shree Shyam Ji Screening Plant, Village-Manak Tabra (Respondent no. 10).

¶179

That the above mentioned screening plant was inspected by the committee on 19.04.2024 and during the inspection it was found that the screening plant made the compliance to the deficiencies as mentioned in the closure order i.e.

¶180

1. Maintained two rows of trees on the outer periphery.

¶181

2. Height of installed barricades alongwith outer periphery are adequate as per notification dated 10.03.2016.

¶182

(Spot inspection report alongwith photographs are annexed as R- 1).

¶183

2.0 Maa Sharda Screening Plant, Village-Manak Tabra (Respondent no. 8).

¶184

That the above mentioned screening plant was inspected by the committee on 23.04.2024 and during the inspection it was found that the screening plant made the compliance to the deficiencies as mentioned in the closure order i.e.

¶185

1. Maintained two rows of trees on the outer periphery.

¶186

2. Height of installed barricades alongwith outer periphery are adequate as per notification dated 10.03.2016.

¶187

(Spot inspection report alongwith photographs are annexed as R- 2).

¶188

3.0 Mahaluxmi Screening Plant, Village-Manaktabra, Tirlokpur (Respondent no. 9).

¶189

¶190

1. Maintained two rows of trees on the outer periphery.

¶191

2. Height of installed barricades alongwith outer periphery are adequate as per notification dated 10.03.2016.

¶192

3. Maintained the metalled road/ramp inside the premises.

¶193

4. Maintained the 03 nos. recirculation tanks.

¶194

(Spot inspection report alongwith photographs are annexed as R- 3).

¶195

After verification of the compliance of the Respondent no. 8 to 10 by the committee, these screening plants submitted online application for grant of Consent to Operate (CTO) alongwith the prescribed fees and requisite documents and also deposited the proposed Environmental Compensation amounting to Rs. 4.12,500/- per unit. Thereafter, the Regional Office, Panchkula recommended to the Competent Authority for suspension of closure order of respondent no. 8 to 10.

¶196

Keeping in view of the facts and recommendations, the Competent Authority suspended closure orders vide order dated 08.05.2024 with the followings conditions:

¶197

i. Unit will comply with all the directions issued by the CPCB/HSPCB/MoEF/NGT and any other apex court from time to time

¶198

ii. Unit will comply under the provisions of Water Act, 1974 and Air' Act, 1981.

¶199

iii. In case of non-compliance of any of the above said conditions. closure order will be initiated beside taking legal action and forfeiting the security deposited by the unit.

¶200

After examination of the application, the Competent Authority granted Consent to Operate to Respondent No 8 to 10.

¶201

It is pertinent to mention here that respondent no. 7 (Mahadev Screening Plant, Manaktabra), respondent no. 6 (Diwan Screening Plant, Manaktabra) and respondent no. 5 (Shree Ram screening plant, Manaktabra) have not submitted compliance status or request for suspension of the closure order. During inspection by the committee these screening plants (respondent 'no. 5 to 7) found closed and seals found intact. Environment Compensation (EC) of Rs. 4, 12,500/- per unit (on respondent no. 6 to 7) has been proposed.

¶202

Compliance Status of the other screening plants which have not been impleaded in the present OA:

¶203

That in compliance of the directions dated 04.04.2024 of Hon'ble National Green Tribunal, the Regional Office, HSPCB. Panchkula inspected the remaining screening plants (29 screening plants) on 19.04.2024, 22.04.2024 and 23.04.2024. During the inspection 02 nos. screening plants found dismantled and 1 no. screening plant found closed by own.

¶204

That the total 26 screening plants found complying with the CTO conditions and notifications dated 10.03.2016. All screening plants established with the verified siting criteria provided by the Tehsildar as per notification of screening plants and no screening plant is operating illegally without consent from the HSPCB. Details of these screening plants have already been given in report dated 16.02.2024. ”

¶205

Shri Rahul Khurana, Learned Counsel appearing for HSPCB has stated that all the screening plants are complying with the consent conditions.

¶206

The issue is now only with respect to siting criteria.

¶207

On this aspect, we enquired from Learned Counsel for Applicant as to whether screening plants in question were established before issue of the Notification dated 10.03.2016 or after but could not be replied by him. It also could not be disputed that in the Notification dated 10.03.2016, expressly or by necessary implication, nothing is provided that it will cover already established screening plants and in absence of anything to show that the siting criteria provided in Notification dated 10.03.2016 will apply to the already existed screening plants, we find it difficult to apply the said Notification to Respondents 6 to 9.

¶208

Moreover, we find that siting criteria mentioned in Schedule I of Notification dated 10.03.2016 does not mention any “Religious Place”. The said Schedule reads as under:-

¶209

“SCHEDULE I

¶210

Norms for siting of screening plants in Haryana:-

¶211

*Serial* _Number _	*Criteria*	*Distance in* *Kilometers*
1	2	3
1.	Minimum distance required from the Nearest National Highway.	0.25
2.	Minimum distance required from the Nearest State Highway	0.10
3.	Minimum distance required from the	5.00

¶212

	Nearest Metropolitan City
4.	Minimum distance required from the Municipal limits of any town	0.25
5.	Minimum distance required from the Nearest Town Abadi	1.50
6.	Minimum distance required from the Nearest Village Abadi	0.25
7.	Minimum distance required from the Nearest Tourist complex	1.00
8.	Minimum distance required from any land recorded as forest in Government record (revenue or forest department) except strip forests/plantation along roads, canals, railway lines and bunds.	0.20
9.	Minimum distance required approved water supply scheme open to sky of 20KL capacity.	0.25
10.	Minimum distance required from any indoor health treatment unit catering to 25 or more indoor patients.	1.00
11.	Minimum distance required from notified Bird/Wild Life sanctuaries/ a National or State Wild Life Parks.	0.20
12.	Minimum distance from river of water channel, nullah, drain	0.10
13.	Minimum distance from any educational institution	1.00

¶213

Learned Counsel for Applicant stated that in item 7 there is provision with regard to “tourist complex” but in our view, Gurudwara is a religious place and cannot be included within the term “tourist complex”. Hence, the above Notification dated 10.03.2016 is not applicable.

¶214

In view thereof, we do not find that any further order is required to be passed in the above matter. However, we direct HSPCB official to ensure a strict vigil over the functioning of screening plants to ensure that they comply with the consent conditions regularly by making regular and periodical inspections in accordance with law.

¶215

The application is accordingly disposed of.

¶216

In view of the order passed in main OA, I.A. Nos. 147/2022 and146/2022 also stand disposed of.

¶217

Sudhir Agarwal, JM

¶218

Dr. Afroz Ahmad, EM July 08, 2024 OA No.434/2022 A

Gurudwara Manak Tabra Prabandhan Committee through Its President Sh Tara Singh Son Sh Jhanda Singh v. State of Haryana

Case brief

What is this about?

What did the court decide?

Gurudwara Manak Tabra Prabandhan Committee through Its President Sh Tara Singh Son Sh Jhanda Singh v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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