National Green Tribunal
Kuldeep vs State Of Haryana on 13 September, 2023
Item No.3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH, NEW DELHI.
(Through Physical Hearing with Hybrid V.C. Option)
Original Application No. 480/2022
Kuldeep ...Applicant
Versus
State of Haryana ...Respondents
Date of hearing: 13.09.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicants: None for applicant.
Respondents: Mr. Rahul Khurana, Adv. for DC Charkhi Dadri and
HSPCB With Mr. Shakti Singh, RO HSPCB.
Application is registered based on a complaint received by Post.
ORDER
1. The grievance in the present application is regarding running of stone crusher in Birhi Kalan, District Charkhi Dadri in violation of Haryana Government notification dated 11.05.2016 and the environmental norms.
2. Vide order dated 12.08.2022, this Tribunal constituted a Joint Committee with direction to verify the factual position and submit Factual and Action Taken Report.
3. In compliance thereof Interim Report was submitted by HSPCB vide email dated 31.10.2022 and status report has been submitted by Joint Committee vide email dated 15.02.2023.
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4. We have gone through both the reports and find both the reports to be wholly unsatisfactory. Even the approach adopted by the Joint Committee for verifying the factual position appears to be completely defective. The 30 stone crushers were summoned for hearing before the Joint Committee but the committee has not looked into and reported about the status of compliance by the stone crushers operating in Birhi Kalan Zone with the consent conditions. In the report it is stated that on expression of grievance by the applicant against M/s Balaji Stone Crusher and M/s Mahaluxmi Stone Crusher the said stone crushers were inspected and M/s Balaji Stone Crusher was found to be compliant and M/s Mahaluxmi Stone Crusher was found to be non-compliant but the requisite details have not been submitted even in respect of the above said two stone crushers.
5. The Joint Committee is directed to verify the factual position regarding compliance with consent conditions and environmental rules/norms/regulations by all the stone crushers operating in Birhi Kalan Zone and submit its report suggesting remedial measures and to send copies of its report to the concerned Statutory Authorities and also the Project Proponents for remedial action.
6. Additional report be filed by the Joint Committee on or before 31.10.2023 by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
7. In case of violations the Joint Committee shall also put the concerned violators to notice of the present proceedings pending before this Tribunal with specific direction to appear before this Tribunal on the next date of hearing fixed hereinafter.
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8. On receipt of copy of the report of the Joint Committee the District Magistrate, Charkhi Dadri and Member Secretary, HSPCB shall take remedial action and file separate action taken reports regarding action taken on the basis of the report submitted by the Joint Committee with all requisite details on or before 15.11.2023 by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
9. List for further consideration on 22.11.2023.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM September 13th, 2023 N