Disposed

Rakesh Kumar Choudhary vs

NGT19 Mar 2026Original Application No. 969/2024

Case brief

AI extract

What is this about?

The NGT addressed grievances regarding a stone crusher's impact on the Tawi River. The court directed strict compliance with environmental norms, mandated monitoring of existing units, and ordered restoration after project completion. Environmental compensation was levied for past violations.

What did the court decide?

Directed respondent No. 4 to strictly comply with CTO conditions; detained closure order subject to monitoring; directed realization of environmental compensation; ordered dismantling and restoration

Rakesh Kumar Choudhary vs — Mining and Natural Resources | NGT (2026)

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Item No. 01

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 969/2024

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1. Rakesh Kumar Choudhary 51 B/D, Gandhi Nagar, Jammu, J&K 180004 Email Id: [email protected] Mob: 94192-19028 Applicant

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Versus

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1. Ministry of Environment, Forest and Climate Change

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Through Secretary, New Delhi, Jor Bagh Rd, Lodi Colony, New Delhi, Delhi 110003 Email Id: [email protected]/[email protected]

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2. Ministry of Forest Environment and Climate Change Jammu and Kashmir, Plot No. 379 A, Gandhi Nagar, Jammu and Kashmir 180004 Email Id: [email protected]

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3. Jammu Kashmir Pollution Control Committee

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Parivesh Bhawan, Forest Complex, Gladni, Narwal, transport Nagar, Jammu, Jammu and Kashmir 180004 Phone: 0191-2472881 Email Id: [email protected]

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4. M/s Shivalaya Construction Company Private Limited

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Village Chak Daulat, Tehsil Mandal Jammu-181115

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5. Brandstance Protection and Placement Service Pvt. Ltd 1/30, Vikas Nagar, Sarwal, Jammu, Jammu & Kashmir-180005

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6. National Highway Authority of India Through its Chairman, G-5 & 6, Sector 10, Dwarka, New Delhi-110075 Email [email protected] Respondents

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Date of hearing: 19.03.2026

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For the Applicant:

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None for the Applicant.

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For the Respondents:

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Mr. Jai Bansal, Advocate for respondent no.1 (through V.C.). Mr. Gautam Singh, Advocate for respondents no. 2 and 3. Mr. R. Gopinath, Member Secretary, J & K PCC (through V.C.). None for respondent no. 4.

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Mr. Arnav Vats, Advocate for respondent no. 5.

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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ORDER

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Mr. Rakesh Kumar Choudhary, Director, M/s Rakesh Kumar Choudhary Pvt. Ltd. had sent a letter petition dated 01.12.2023 (pages no. 1-5 of the paper book) on public grievance portal of this Tribunal which was treated and registered as Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 for exercise of suo-moto jurisdiction in view of law laid down by Hon’ble Supreme Court in

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Municipal Corporation of Greater Mumbai Versus Ankita Sinha and

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Others, (2022) 13 SCC 401.

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The applicant raised grievances regarding operation of stone crusher in close proximity to the Le Garden Resort, Village Lalyal, Tehsil and District Jammu, by Brandstance Protection and Placement Services Private Limited. The relevant part of the letter petition, treated as original application, enumerating grievances of the Applicant is reproduced as under:-

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“ Subject: Complaint Against the Crusher Unit Operating near Tawi River X X X X I am writing to bring to your attention a matter of grave environmental concern regarding the establishment and operation of a crusher unit situated on the banks of the Tawi River in close proximity to the Le Garden Resort, Village Lalyal, Tehsil Jammu, District Jammu. This crusher unit is reportedly being operated by Brandstance Protection and Placement Services Private Limited.

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The presence and operation of this crusher unit have raised significant environmental apprehensions and pose a threat to the

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delicate ecological balance of the Tawi River and its surrounding habitat. The adverse impacts caused by this unit include: 1. Disturbance to the Aquatic Ecosystem: The discharge of waste materials and mining operations from the crusher unit is leading to severe contamination of the Tawi River, thereby endangering aquatic life and disrupting the river's ecosystem.

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2. Air and Noise Pollution: The crushing activities are causing substantial air and noise pollution in the vicinity, affecting not only the environment but also the health and well-being of the residents and visitors to Le Garden Resort.

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3. Destruction of Natural Habitat: The setup and operation of the crusher unit are resulting in the destruction of the natural habitat and vegetation in the surrounding areas, leading to irreparable damage to the local flora and fauna,

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I urge the esteemed National Green Tribunal to investigate this matter promptly and take stringent actions in line with the applicable environmental laws and regulations. Immediate measures should be taken to halt the operations of the crusher unit until a thorough environmental impact assessment is conducted, and necessary permissions and clearances are obtained in compliance with the environmental norms set by the NGT.

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I also request that stringent penalties be imposed on Brandstance Protection & Placement Services Private Limited for their blatant disregard for environmental regulations, if found guilty.

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I am attaching relevant documents and evidence supporting this complaint for your perusal and action. Your intervention in this matter is crucial to safeguard the environment and preserve the ecological balance of the Tawi River. Thank you for your prompt attention to this urgent matter.”

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Vide order dated 26.09.2024 this Tribunal constituted a Joint Committee comprising District Magistrate, Jammu and Jammu and Kashmir Pollution Control Committee (J&KPCC) with direction to visit the site, collect relevant information and submit a factual report within one month. The said Committee was also directed to examine the site as to whether proponent in question has set up its crushing unit within or outside no construction or no development zone of river Tawi and also whether it complies with the siting criteria and has obtained requisite statutory clearances/no objection certificates/permissions under environmental laws and is complying with conditions thereof.

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In compliance thereof report of the Joint Committee was filed by the Deputy Commissioner, Jammu by letter dated 30.10.2024 (pages no. 6-21 of the paper book) vide email dated 31.10.2024.

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In the course of hearing and in compliance with orders passed by this Tribunal, respondent no. 1-MoEF & CC filed affidavit dated 10.12.2024 (pages no. 49-131 of the paper book) and respondent no. 3- J&KPCC filed report dated 10.12.2024 (pages no. 22-48 of the paper book), report dated 04.02.2025 (pages no. 132-162 of the paper book), report dated 28.08.2025 (pages no. 163-182 of the paper book), report dated 25.10.2025 (pages no. 183-195 of the paper book), report dated 11.11.2025 (pages no. 196-208 of the paper book) and report dated 12.03.2026 (pages no. 209-219 of the paper book).

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In order to avoid repetition and also for reasons of brevity, the contents of above-mentioned affidavit filed by respondent no. 1-MoEF & CC and reports filed by respondent no.3-J&KPCC as mentioned hereinabove are not reproduced here and the relevant parts thereof will be reproduced/referred/discussed in the later parts of this order.

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None has appeared for the applicant in the course of hearing and even today. The applicant did not file any reply/rejoinder to the affidavit filed by respondent no. 1-MoEF&CC and objections to the reports filed by respondent no. 3-J&KPCC.

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We have heard submissions made by Mr. Jai Bansal, learned Counsel for respondent no.1-MoEF&CC and Mr. R. Gopinath, Member Secretary, J & K PCC who have appeared before this Tribunal through V.C. and Mr. Gautam Singh, learned Counsel for respondents no. 2 and 3 and Mr. Arnav Vats, learned Counsel for respondent no. 5 who have appeared

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before this Tribunal physically and we have gone through the material on record.

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Respondent no. 1-MoEF & CC has submitted in its affidavit dated 10.12.2024 (pages no. 49-131 of the paper book) that the standalone stone crushing process/Units are not covered under the Environment Impact Assessment (EIA) Notification, 2006 for the grant of prior Environment Clearance (EC). The stone crusher units situated within the mining lease area are covered under the schedule 1 (a) of the EIA Notification, 2006 while units falling outside the Mining lease area are operated after obtaining Consent to Establish (CTE)/ Consent to Operate (CTO) from concerned State Pollution Control Board (SPCB) and Pollution Control Committee (PCC) under the existing provisions of the Water (Prevention & Control of Pollution) Act, 1974, and the Air (Prevention & Control of Pollution) Act, 1981. Stone crushing units need to comply with the Environmental Norms as stipulated under the Environment (Protection) Rules, 1986 for stone crushing units. Vide letter dated 07.03.2016, the Central Pollution Control Board has categorized the Stone Crushing Units under orange category. The State Pollution Control Board is the nodal authority in the State/Union Territory for dealing with cases related to pollution or environment management coming under the purview of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act 1986 and the State Department of Mines and Geology is the Nodal Authority in the State for dealing with the allotment of mining leases under the Mines and Minerals (Development and Regulation) Act (MMDR Act) and is entrusted with the enforcement and regulation of mining operations in a State including illegal mining. Further, the State Government is empowered under Section 23 C of the Mines and Minerals (Development

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and Regulation) Act 1957(MMDR Act) to make rules for prevention of illegal mining, transportation and storage of minerals.

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In view of the grievances raised by the applicant this Tribunal vide order dated 26.09.2024 constituted a Joint Committee with direction to verify the factual position and submit its report as mentioned above. Report of the Joint Committee was filed by the Deputy Commissioner, Jammu vide letter dated 30.10.2024 (pages no. 6-21 of the paper book). The Joint Committee found that no Stone Crusher under name and style of "Brandstance Protection and Placement Service Pvt. Ltd." was operational near close proximity to Le Garden Resort on the bank of river Tawi at village Lalyal, Tehsil and District Jammu the milestone mentioned in the complaint. However, the Joint Committee found that a stone crusher under the name and style of M/s Shivalya Construction Co. Pvt. Ltd. (SCCPL) was operational at Village Chak Daulat, Tehsil Mandal, District Jammu across river Tawi at an approximate distance of about 1.2 kms from Le Garden Resort. The Joint Committee also found that the above stone crusher has been installed temporarily for development of Jakh (Vijaypur) Kunjwani Section of NH-44 to Six lane Expressway standards as part of Delhi-Amritsar- Katra Expressway under hybrid annuity mode under Bharatmala Pariyojna in the UT of Jammu and Kashmir.

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Relaxation of siting criteria

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The Joint Committee found that the stone crusher has been issued NOC dated 02.11.2023 by the Deputy Commissioner, Jammu and that the crusher unit has been granted Consent to Operate valid upto January, 2025 by J&K PCC vide No. PCC/digital/24043887554 of 2024 dated 16.01.2024 temporarily for above said National Highway Six Lanning

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Project Specific work by relaxing siting criteria parameters w.r.t residential area.

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The Deputy Commissioner, Jammu obtained reports from Forest, Ecology and Environment Department, Jal Shakti Department, Public Works Department, Power Development Department, Pollution Control Board, Education Department and Health Department. In its report Jal Shakti mentioned that the site lies on the right bank of Nikki Tawi D/s. Suryachak bridge which is in flood plain of Nikki Tawi and is liable to cause damage to the area on the left bank in case of floods but keeping in view the importance and urgency of the project, NHAI may be allowed to install temporary crusher which be dismantled after the completion of the project. The Deputy Commissioner, Jammu granted NOC for installation of stone crusher plant by National Highway Authority of India through concessionaire M/s. Vijaypur-Kunjwani Highway Private Limited situated at Village, Chak Daulat, Tehsil Mandal rented out by the Jammu Development Authority. The relevant part of the NOC dated 02.11.2023 (pages no. 18-21 of the paper book) is reproduced below:-

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“In view of the above, this office has no objection against the installation of Crusher Plant by National Highway Authority of India (NHAI) through concessionaire M/S Vijaypur-Kunjwani Highway Private Limited i.e. Executing Agency on the above said proposed land situated at village Chak Daulat, Tehsil Mandal rented out by the Jammu Development Authority in favour of the National Highway Authority of India (NHAI) through M/S Vijaypur-Kunjwani Highway Private Limited. The instant NOC is being granted subject to the following terms and conditions: -

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1. That National Highway Authority of India (NHAI) through concessionaire M/S Vijaypur-Kunjwani Highway Private Limited i.e. Executing Agency shall proceed further for installation of temporary crusher after obtaining the necessary NOC from the Pollution Control Board.

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2. That the validity of the NOC shall be for a period of 06 Months.

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3. Since the land is Gair Mumkin Tawi, the Executing Agency shall adhere to the conditions laid down by Superintending Engineer, Hydraulic Circle, Jammu

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4. That M/S Vijaypur-Kunjwani Highway Private Limited i.e. Executing Agency shall ensure that finish product from the Crusher Plant be exclusively utilized for development of Jakh (Vijaypur) Kunjwani Section of NH-44 to Six Lane Expressway standards as part of Delhi-Amritsar-Katra Expressway (Design km 503+200 to Km 515+000) including development of Kunjwani to 4th Tawi Bridge Section of NH-144-A to four lane NH Standards (Ch 0+000 to Km 7+385 of NH-144A, spur connectivity to Jammu Airport) on Hybrid Annuity mode under Bharatmala pariyojna in the UT of Jammu and Kashmir (Phase II Package XVI) (project of National Importance).

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5. The Operator of the Crusher Plant shall ensure that there is no deteriorating effect on the adjoining agricultural lands due to the operation of the Crusher Plant.

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6. The Executing Agency shall adhere to the terms and conditions laid down in the MoU with the Jammu Development Authority.

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7. That National Highway Authority of India (NHAI) through M/S Vijaypur-Kunjwani Highway Private Limited i.e. Executing Agency shall strictly adhere to the prevailing rules and norms in vogue.”

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Vide order dated 07.11.2024 notices were ordered to be issued to the respondents requiring them to file their replies and respondents 1, 2 and 3 were also directed to disclose the provision whereunder siting criteria has been relaxed or can be relaxed.

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In compliance thereof report dated 10.12.2024 (pages no. 22-48 of the paper book) was filed by Member Secretary, J&K PCC. In its report J&KPCC submitted that J&K PCB during 26th Board meeting held on 25.06.2012 and J&KPCC under revised guidelines issued vide order no. 37-JKPCC of 2023 dated 27.02.2023 respectively had authorized its Chairman to relax the siting criteria.

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Vide order dated 11.12.2024 this Tribunal directed the Member Secretary, J&KPCC to file an affidavit giving information as to (i) whether the NHAI project envisaged setting up of stone crushers for fulfilling its requirement in violation of environmental norms, including the siting criteria, (ii) whether there was availability of suitable sites for setting up of the stone crushers for meeting the requirements of NHAI in compliance

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with the norms, (iii) what were the exceptional reasons for which exemption was granted by the Chairman, J&KPCC to the projects apart from the fact that the projects were to meet the requirements of NHAI project and (iv) in how many cases exemption from applicability of siting criteria/other environmental norms has been granted by the Chairman, J&KPCC in the entire UT of Jammu and Kashmir.

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In compliance thereof report dated 04.02.2025 (pages no. 132-162 of the paper book)was filed by Member Secretary, J&K PCC. In its report J&KPCC has mentioned that the response was sought from NHAI in the matter vide letter No. JKPCC/SC/OA969/24/1674-75 dated 17.01.2025 and NHAI vide its letter No. PD/JMU/Misc/2024-25/124 dated 23.01.2025 had submitted that the quantum of land required for the installation of crusher, batching plants and casting yard could be identified with great difficulty and the site is located 16km away from the centre of project as no other state land/vacant land parcel could be located within the project reach. J&KPCC has further submitted that the exemption is purely based on the requirements of NHAI and no other exceptional reasons are there. J&KPCC also enclosed the list of project specific stone crushers that involve relaxation of siting criteria.

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J&KPCC sought time and filed additional reports giving further information in compliance of orders passed by this Tribunal.

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In compliance of order dated 04.07.2025, report dated 28.08.2025 (pages no. 163-182 of the paper book) was filed by the Member Secretary, J&KPCC mentioning that as per the report of Regional Director, J&K PCC no alternate site was available in case of all operational stone crusher/ HMPs except for 4 Stone Crusher units located in Kathua District which requires further verification and cross check. No alternate site in Kashmir

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Division was available in case of all operational stone crushers/ HMPs under the project specific category. In Kashmir Division, out of the 28 units, 23 were operational and remaining 5 units were non-operational. One unit namely, M/s Friends Stone Crusher, Heff, Shopian was operational even after issuance of closure order by J&KPCC for which matter was being taken up with the District Administration to ensure the implementation of the closure order.

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It may be observed here that the power to grant relaxation under the Jammu & Kashmir Stone Crushers/Hot & Wet Mixing Plants Regulation Rules, 2023 has to be exercised with utmost caution. Such relaxation cannot be allowed to dilute environmental safeguards or circumvent CPCB/J&KPCC guidelines which are mandatory. Accordingly, notwithstanding any provision for relaxation, it is directed that the same shall be invoked only in rare and exceptional circumstances and not as a matter of routine or administrative convenience or on the grounds of being for infrastructural Government projects. Before grant of relaxation in rare cases availability of alternative site has to be explored and in case of availability of private or public land such relaxation ought not to be granted. No relaxation shall be granted where it will erode/dilute environmental protection particularly in ecologically sensitive areas such as forest , floodplains, water bodies, lakes etc. Under no circumstances shall any relaxation be permitted that reduces the prescribed distance from rivers, nallahs, lakes, wetlands, or any other water bodies. Any proposal for relaxation must be preceded by a site-specific environmental assessment demonstrating that such deviation will not result in adverse impacts on air quality, water resources, ecology, or public health. In cases of doubt or potential environmental risk, the precautionary principle shall be applied, and such relaxation shall be refused.

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The Director, Mining and Geology, Government of Jammu and Kashmir and the Member Secretary, J&KPCC are directed to (i) to undertake comprehensive exercise (i) to identify and prepare a detailed list of all stone crushers established/operating within the UT of Jammu and Kashmir with all relevant particulars including the name, parentage and complete address of the owners, revenue details regarding plot number, exact dimensions of the land with boundaries, length, width, location specifics including distance from rivers, flood plains and other ecologically sensitive areas;

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(ii) to further identify and specifically flag those stone crushers found to be operative (a) in violation of siting criteria within prohibited or restricted zones such as riverbeds and floodplains, (b) without valid CTE and CTO or (c) without compliance with applicable environmental norms;

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(iii) to take appropriate action on the basis thereof for ensuring compliance with siting criteria, CTE/CTO conditions and guidelines issued by CPCB and J&KPCC and take punitive and prohibitive action including issuance of closure order and imposition and realization of environmental compensation for violations in accordance with law;

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(iv) to compile and upload the information regarding compliance status of all the stone crusher established/operating in the UT of J&K on the websites of Director, Mining and Geology, Government of J&K and J&KPCC within three months; and

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(v) to file compliance report in this regard within four months.

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Compliance with CTO conditions/CPCB and J&KPCC guidelines

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Respondent no. 3-J&KPCC granted CTO dated 16.01.2024 to respondent no. 4-M/s. Shivalaya Construction Pvt. Ltd. The relevant part of CTO dated 16.01.2024 (pages no. 15-17 of the paper book) imposing conditions for prevention and control of air and water pollution is reproduced below:-

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“3. The emissions or discharge of environmental pollutants from the unit shall not exceed the relevant parameters and the standards for the said industry, operation or process specified under respective schedules of the Environment (Protection) Rules, 1986 as amended from time to time.

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4. The unit holder shall comply with the National Ambient Air Quality Standards as per EP Act 1986 (refer rule 3(3B).

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5. The unit holder shall comply with the Noise Pollution (Regulation and Control) Rules 2000 as amended to maintain noise level standards less than 75 db(A) during day time and 70 db(A) during night time, Daytime is reckoned in between 6am to 10pm and night time is 10pm to 6am.

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6. The unit holder shall comply with the water (Prevention and Control of Pollution) Act 1974 and comply to the following parameters

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a. Daily quantity of water consumption the unit shall not exceed from 05 KLD.

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b. The unit holder shall take adequate safe guards for the treatment of sewerage water by way of providing septic/soakage pit and its discharge shall conform to the following standards

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*Parameters*	*Conc. in mg/l except for pH*
pH	6-9
Total Suspended Solids	100
BOD (3 days at 20 degree Celsius)	30

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7. The unit holder shall install comprehensive air pollution control system so as to achieve the quality of emissions within the limits prescribed under Environment Protection Act 1986 (EP Act).

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A.	*Implementation of following*
	*Pollution Control Measures:*

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a.	Dust containment cum suppression system for the equipment.
b.	Construction of wind breaking wall.
с.	Construction of metalled roads within the premises.
d.	Regular cleaning and wetting of the ground within the premises.
e.	Growing of a green belt (Broad leave trees in three rows) along the periphery.
B.	*Quantitative Standards for* *SPM:*
	[The suspended particulate matter to be measured between three meters and ten meters from any processes equipment of a stone crushing unit shall not exceed 600 µgms per cubic meter] from a controlled isolated as well as from a unit located in a cluster should be less than 600 mgs/Nm³.
C.	*Additional Parameters*
a.	All the dust emitting points like jaw/roller crushers, screeners/classifiers shall be properly enclosed/covered.
b.	Conveyor belts shall be interlocked with the crushing operation.
c.	The water spray system shall be interlocked with the crushing operation
d.	Annual health survey of the workers permanently employed by the unit holder shall be conducted.
e.	Regular water spray shall be carried out at all dust emitting points, boundaries and on road.

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8. The unit shall not discharge any fugitive emissions from the unit beyond the permissible limits.

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9. The Project Proponent shall abide by the directions of the Committee which will be issued from time to time. Any infringement/violation or transgression of the statutory enactments of pollution control acts by the unit shall be sufficient cause to prosecute the violator in conformity with relevant section of Air, Water Acts and Environment Protection Act in force.

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10. The consent granted shall be under surveillance monitoring of J & K Pollution Control Committee

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11. The Project Proponent shall have to get the samples of emissions/effluents analyzed from the laboratory of J&K PCC or laboratories approved by J&K PCC after every six months to the check the efficacy of Pollution Control Devices (PCDs) installed in the unit.

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12. No raw materials shall be extracted or purchased / used brought from river one km upstream and one km from downstream of rail/road bridge, irrigation structures and any other government infrastructure office.

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13. The unit holder shall carry the stone aggregates /sand in covered trucks Tippers.

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14. Specific Conditions:-

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a) The Project Proponent has to develop three rows of thick green belt along the periphery of the unit. This green belt must include a row of adequate number of ever green broad leaved tree species having good canopy.

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b) The Project Proponent shall use authorized source of water and shall ensure that waste water is not discharged into any water Body.

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c) This consent is issued subject to condition of installing / providing of covers to conveyer belts along with telescopic chutes at the end of conveyer belts to mitigate dust emissions. d) The unit shall be allowed to operate only during day time and shall submit self monitoring report after on six months basis.

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e) Being project specific the project proponent shall dismantle the plant and machinery soon after completion of project work .”

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The Joint Committee constituted by this Tribunal found that respondent no. 4-SCCPL did not comply with CTO conditions and the relevant part of the report of the Joint Committee is reproduced as under:-

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“As far as complying with conditions of consent is concerned, the project proponent has not complied to the following conditions ;

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1. To provide wind breaking wall within premises.

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2. Develop green belt along periphery.

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3. Conveyer belts to be interlocked with the crushing operations and covered along with telescopic chutes at the end of conveyer belts to mitigate dust emissions.

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4. Water sprays system to be interlocked with crushing operation.

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5. The project proponent to use authorized source of water and not to discharge waste water in to the water body.”

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In compliance of order dated 29.08.2025, report dated 25.10.2025 (pages no. 183-195 of the paper book) was filed by the Member Secretary J&K PCC mentioning that application for renewal of CTO for respondent no. 4-SCCPL was refused vide order No. JKPCC/T/C/25/5242461 of 2025 dated 14.07.2025 based on the observations of the shortcomings/deficiencies: (a) that the pollution control devices and measures were not properly covered; (b) the damaged conveyor covering was lying in the unit; (c) waste water was found not properly recycled and (d) lack of plantations in and around the unit. In its report J&KPCC further submitted that closure order No. JKPCC/LSJ/Sc-Jammu (North)/2025/1945-1954 dated 30.08.2025 was issued against respondent no. 4-SCCPL. Regional Director J&K Pollution Control Committee Jammu was requested vide this office No. JKPCC/NGT/OA969/2024/1331 dated 11.10.2025 to intimate if the closure order has been implemented by the District Administration Jammu or not. The Regional Director, J&KPCC Jammu vide its office No. PCC/RDJ/2025/2017-2018 dated 13.10.2025 has reported that the closure order issued by the J&K PCC has not been implemented by District Administration till date. District Administration Jammu has been requested to ensure implementation of the closure order as above with immediate effect vide this office No. JKPCC/SC/OA 969-2024/25/1360 dated 17.10.2025. Divisional officer, Pollution Control Committee, Jammu (North) has inspected the site again on 24.10.2025 and reported that the unit is in operation in violation of closure order issued by the J&K PCC .

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In compliance of order dated 29.08.2025, report dated 11.11.2025 (pages no. 196-208 of the paper book) was also filed by the Member Secretary J&K PCC. In its report J&K PCC mentioned that respondent no. 4-SCCPL vide letter No. SCCPL/2025-26/JAMMU1765/1655 dated 25.10.2025 affirmed taking of corrective measures and submitted that (a) all damages to the conveyor covering within the unit has been rectified; (b) Waste water is being properly treated and recycled and (c) Plantation is being restored and maintained. NHAI made request vide letter No. NHAI/RO-Jammu/2025/PKG-XVI/11040/D-K/429 dated 01.11.2025 that the closure order has resulted in complete shutdown of casting operations at casting yard 6 which is critical to the successful implementation of the subject project being executed under the Bharatmala Pariyojana and requested temporary permission to avoid further disruptions to the project timelines. In its report J&KPCC has further mentioned that the request made by NHAI was considered and closure order No. 174 JKPCC of 2025 dated 30.08.2025 issued against respondent no. 4-SCCPL was kept in abeyance subject to the conditions the (a) The project proponent shall not operate the stone crusher during the abeyance period without obtaining a valid consent from the Jammu and Kashmir Pollution Control Committee and (b) The project proponent shall also ensure rectification of deficiencies with regard to Pollution control Devices/Pollution Control Measures as required and report compliance within two weeks.

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The Member Secretary, J&KPCC sought time on 23.01.2026 to place on record the status of the consent in favour of the stone crusher in question and also the action which has been taken by the J&KPCC for past violation of the environmental norms by the said stone crusher and in compliance thereof filed report dated 12.03.2026 (pages no. 209-219 of the

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paper book). In its report J&KPCC mentioned that a detailed report was submitted by a committee of officers of J&K PCC constituted vide order No. JKPCC/CTC/2026/745-48 dated 29.01.2026 to verify whether Pollution Control equipments have been installed and other PCDs/PCMs required for control of environmental pollution have been adopted by the unit holder. The Committee visited the site on 31.01.2026 and found that the said stone crusher is not in operation. The relevant part of the report of the

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Committee containing its observations is reproduced as under:-

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“a) The Jaw crusher found covered with CGI sheets.

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b) The cone crusher found covered with CGI sheets.

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c) The conveyer belts found covered on sides and top with CGI sheets.

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d) Water sprinkling system found installed at requisite points. e) Sedimentation tanks found existing for settlement of mud after washing of river bed material during screening. f) The wind breaking wall is not of GI/MS/Brick but erected with green fiber net in length of about 150 meter in length and 06 feet high towards River Tawi side and about 50 Meter length towards residential houses.

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g) Fresh plantation of about 100 plants found done. h) In addition to above CCTV cameras also found installed at Dug.”

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In its report J&K PCC has also mentioned that the above said Committee recommended grant of consent to the unit holder due to the project being temporary in nature, subject to the monitoring of the efficiency of pollution control devices by Air Laboratory, J&K PCC, Jammu and CTO no. PCC/digital/26065826771 of 2026 dated 18.02.2026 (pages no. 214-216 of the paper book) valid upto 20.06.2026 has been granted to respondent no. 4-SCCPL. The relevant part of CTO imposing conditions on respondent no. 4-SCCPL is reproduced below:-

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“3. The project proponent shall comply with the National Ambient Air Quality Standards CPCP Notification No. B- 29016/20/90/PCI-1 dated 18-11-2009 to be followed.

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4. The Noise Pollution (Regulation and Control) Rules 2000 as notified by MoEFCC S.O 123(E) dated 4-2-2000 to be followed.

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The project proponent shall take adequate measures for control of noise from its own sources with in the premises so as to maintain ambient air quality standards in respect of noise to less than 75 db (A) during day time.

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5. A permanent water storage tank of a minimum 2000 Ltrs. capacity must be installed.

¶134

6. The project proponent shall take adequate safe guards for the treatment of sewerage water by way of providing septic / soakage pit and its discharge shall conform to the following standards:

¶135

*Parameters*	*Conc. in mg/l except for pH*
pH	6-9
Total Suspended Solids	100
BOD (3 days at 20 degree Celsius)	30

¶136

7. All the stone crusher shall adopt the following measures to prevent/suppress fugitive dust emissions from their operation:

¶137

a. Water sprinklers must be provided at dust emitting points and on approach roads.

¶138

b. Crusher must be completely enclosed by GI/MS sheets on top and at least three sides completely from the ground level. One side should have provision of movable sheet/door for movement/maintenance.

¶139

c. Primary crushers/jaw crushers must be covered with tarpaulin/cotton cloth/suitable materials to contain fugitive dust emissions

¶140

d. Water sprinkler system with adequately designed nozzle which produces tiny droplets of water must be provided at primary crusher/jaw crusher so that fugitive emissions are contained and amount of water sprayed should be optimized.

¶141

e. Dry extraction cum bag filter followed by cyclone to be provided for control of emissions.

¶142

f. Flexible covers where conveyors pass through the screen house must be installed at entries and exits of conveyors to screen house.

¶143

g. Dust extraction system connected with bag filter to be provided.

¶144

h. Conveyor belts must be properly covered from node to node with a thick sheet of suitable material along with water sprinkling system with adequately designed nozzle which produces tiny droplets of water.

¶145

¶146

i. Flexible Telescopic chute from top of discharge point to the ground level must be provided.

¶147

8. General Measures:

¶148

i. Wind breaking wall: GI/MS/brick wall must be provided along the periphery of crusher. The height of the wall should be 3-ft more than the highest node of the crusher.

¶149

ii. Roads: Metaled/concrete roads must be provided within the premises. Ramps and the entire ground area inside the premises should also be metaled.

¶150

iii. Housekeeping: To curb the air pollution in the crusher premises, arrangement of rotating water sprinkling system/fogger/Anti-smog gun should be provided. Water sprinklers should have adequately designed nozzles for effective dust control and optimum water consumption. Fine dust accumulated and bag filters in the crushing area must be cleaned at regular intervals and the collected dust must be stored in sacks for further sale or disposal.

¶151

iv. Plantation: 2-3 rows of tall trees to be planted around the periphery of crusher.

¶152

v. The openings of housing for the movement of mechanical drivers, conveyor belts, etc. must be sealed properly with flexible rubber flaps.

¶153

vi. Display Board: Name of the unit, contact details of the owner and address of the unit, plant capacity and date of issue of CTE/CTO from PCC must be displayed on the display board at the entrance.

¶154

vii. Transportation: Vehicles carrying all kinds of material to and from the unit must be completely covered.

¶155

viii. Water sprinkling Regular wetting of roads must be done to suppress dust within the premises to control dust emission re-suspension.

¶156

ix. Water consumption and handling: Unit must provide a water storage tank with adequate capacity and settling tanks of appropriate size for recycling and reuse of the water in process. For the use of groundwater, the stone crushing unit must obtain permission to extract groundwater from the competent authority in the UT of J&K. The Unit must maintain a logbook of consumption of fresh water. Depending on availability, efforts may be made to use STP treated water instead groundwater to control emissions from process activities.

¶157

x. The project proponent shall have an authorized source of water and shall ensure that untreated waste water is not discharged in to any water Body. The project proponent shall ensure to comply the directions of Hon'ble NGT directions in OA No. 438/2018 with regard to permission from Central

¶158

¶159

Ground Authority Jal Shakti Department for extraction of water.

¶160

xi. The unit shall be allowed to operate only during day time i.e. from 8am to 6 pm and submit monitoring report of emission as per JKPCC norms.

¶161

xii. The Project Proponent shall deposit Environmental Compensation amount for past violation within 15 days from the date of issuance of orders by the competent authority failing which the consent shall be deemed to have been withdrawn.

¶162

9. The Project Proponent shall adhere to the Environmental Guidelines for stone crushing units issued by JKPCC vide No.70 of 2025 dated 09/05/2025 in respect of pollution control devices and general measures. The Project Proponent shall comply to the standards terms and conditions stipulated under Water (Prevention and Control of Pollution) Act 1974, and Air (Prevention and Control of Pollution) Act 1981.

¶163

10. The Project Proponent shall dismantle the plant and machinery soon after completion of project work.”

¶164

It may be observed here that CPCB has issued Environmental Guidelines for Stone Crushing units in July 2023 enumerating the Environmental Guidelines for Stone Crushing Units and J&KPCC has issued guidelines no. 70 of 2025 dated 09.05.2025.

¶165

Respondent no. 4-SCCPL is directed to ensure strict compliance with all conditions stipulated in CTO dated 18.02.2026 granted by J&KPCC and CPCB Guidelines, 2023 and J&KPCC Guidelines, 2025 for regulation and operation of stone crushers.

¶166

J&KPCC is directed to monitor the operation of respondent no. 4-SCCPL by periodical inspection and verify compliance with CTO conditions and CPCB Guidelines, 2023 and J&KPCC Guidelines, 2025 and to take appropriate remedial action including issuance of closure order on the basis thereof as may be required.

¶167

Action to be taken for past violations

¶168

¶169

The Joint Committee recommended that Notice under Environmental Laws may be issued by J&KPCC to the Project proponent for the above mentioned shortcomings.

¶170

In its report dated 12.03.2026 J&KPCC has submitted that regarding past violations, show cause notice for levying of Environmental Compensation for violation of Environment (Protection) Act, 1986 has been issued by J&K PCC vide No. JKPCC/NGT/(OA No. 969/2024)/2026/6064 dated 06.03.2026 amounting to Rs. 7,08,125 for 103 days.

¶171

J&KPCC is directed to proceed further with the proceedings for imposition and realization of environmental compensation on respondent no. 4-SCCPL for past violations and to prepare and implement action plan for utilization of environmental compensation for remediation of environmental damage caused/protection and improvement of environment on realization of the environmental compensation in consultation with the District Environment Committee and to file compliance report in this regard within four months.

¶172

JKPCC shall ensure that after the National Highway Project is completed, the Stone Crushing unit which has been established exclusively for the road project, shall be dismantled and the area shall be restored as original. The restoration of the area, after removing the stone crushing unit, will be reported along with photographs within four months. All restoration measures for the said work will be taken up with the environmental compensation levied by JKPCC as indicated in para 31 above.

¶173

The present original application is disposed of with directions as mentioned above.

¶174

¶175

Reports as directed above may be filed within the specified period before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who shall be at liberty to list the matter before the Bench for further directions if further orders are considered to be necessary.

¶176

A copy of this order may be sent to the Director, Mining and Geology, Government of J&K, Member Secretary, J&K PCC and respondent no. 4- SCCPL by email for requisite compliance.

¶177

Arun Kumar Tyagi, JM

¶178

Dr. A. Senthil Vel, EM

¶179

March 19^th , 2026 Original Application No. 969/2024 AB

¶180

Rakesh Kumar Choudhary vs

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Rakesh Kumar Choudhary vs

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