Punjab-Haryana High Court
M/S Kaithal Stone Crusher & Ors vs State Of Haryana & Ors on 25 November, 2019
Author: Harinder Singh Sidhu
Bench: Harinder Singh Sidhu
CWP-14258-2016 ( O&M ) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(1) CWP-14258-2016 ( O&M )
M/s Kaithal Stone Crusher and others
.... Petitioners
Versus
State of Haryana and others
..... Respondents
(2) CWP-27269-2018 ( O&M )
M/s Supreme Stone Crushers Gramodyog Samiti and another
.... Petitioners
Versus
State of Haryana and others
..... Respondents
Date of decision : 25.11.2019
CORAM :- HON'BLE MR. JUSTICE RAJIV SHARMA
HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. Amandeep Singh Talwar, Advocate,
for the petitioners.
Mr. Deepak Balyan, Addl. A.G., Haryana.
Mr. R.P. Dangi, Advocate,
for applicants in CM-5664-CWP-2017 in CWP-14258- 2016.
***
RAJIV SHARMA, J.
1. Since common questions of law and facts are involved in these petitions, therefore, these are taken up together and being disposed of by a common judgment.
2. In sequel to the direction issued by this Court, status report was 1 of 4 ::: Downloaded on - 09-12-2019 19:58:20 ::: CWP-14258-2016 ( O&M ) -2- filed on the affidavit of Mr. Shekhar Vidyarthi, Special Secretary to Government Haryana, Environment Department, to which objections have been filed. Paras 5, 6 and 7 of the affidavit of Mr. Shekhar Vidyarthi read as under :-
"5. That as per the provisions of Item No. III of notification dated 11.05.2016 :
Non complying unit to be shifted "All the stone crushing units, which do not meet the siting criteria prescribed in this notification shall have to be shifted to a site meeting the siting criteria as per schedule-I of this notification or to identifying zone depending on availability of vacant sites in the zone, within three years from the date of issuance of notification which is extendable for another one year provided that stone crushing unit procure the land for a site meeting the siting norms as per this notification, before the expiry of three years and applies to Haryana State Pollution Control Board and as per Item No. IV.
Requirement of land Every new stone crushing unit whether in notifying zone or outside must possess and operate within one Acre area."
6. That the matter in respect of Panchkula Region regarding availability of land meeting siting parameters of notification dated 11.5.2016, has been again examined by the Govt. through Haryana State Pollution Control Board, Town & Country Planning Department and Revenue Authorities. There are 04 Nos. of block in District Panchkula i.e. Kalka, Barwala, Raipur Rani and Panchkula. It is submitted that as per the report dated 18.09.2017 submitted by Haryana State Pollution Control Board, 5.31 Acres of land is available in Burjkotian extension zone and as per the report dated 04.10.2018 received from HSPCB, private land approximately 13.02 Acres is available in Block Raipur Rani and approximately 7.0 acres land is 2 of 4 ::: Downloaded on - 09-12-2019 19:58:21 ::: CWP-14258-2016 ( O&M ) -3- available in Block Kalka, which is meeting the siting parameters as per the Notification dated 11.05.2016. No private or panchayat/shamlat land is available in Panchkula and Barwala Block which meets the siting parameters for establishment of Stone Crusher. True copy of report dated 04.10.2018 is enclosed herewith, as Annexure-R/1.
7. That as already mentioned in preceding paras, 5.31 Acres of land is available in already existing Burjkotian extension zone and 20.02 Acre private land is available in Raipur Rani & Kalka blocks which meets the siting parameters for installation of stone crushers as per the provisions of notification dated 11.05.2016. The petitioners may shift their stone crushing units in already existing crusher zone or above said private land after making due agreement with the owners of the land as per legal requirement and run their business after obtaining the NOC from the concerned departments. Therefore, the petitioners may kindly be directed to shift their crushing units on the land available."
3. The petitioners were ordered to close down their existing stone crushing units pursuant to the notification dated 11.05.2016. According to Item Number III of Schedule-II of the notification, all the stone crushing units, which did not meet the siting criteria prescribed in the notification were to shift to a site meeting the siting parameters as per Schedule-I of the notification or to identified zone depending on availability of vacant sites in the zone, within three years from the date of issuance of the notification, which was extendable for another one year provided that stone crushing unit had procured the land for a site meeting the siting norms as per the notification, before the expiry of three years and had applied to Haryana State Pollution Control Board.
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CWP-14258-2016 ( O&M ) -4-
4. The period of three years has expired on 10.05.2019. No material has been placed on record by the petitioners to suggest that they have procured the land at the alternative site and have applied to Haryana State Pollution Control Board. However, the State Government on its own has extended the date by another one year, without the petitioners' procuring the alternative sites for shifting their stone crushing units to the new sites meeting the prescribed norms, and applying to Haryana State Pollution Control Board. In view of this, the interim order dated 08.02.2017 rendered in CWP-14258-2016 and the interim order dated 25.10.2018 passed in CWP-27269-2018 are vacated. It shall be open for the State Government to proceed with the matter in accordance with law.
5. Both the petitions are dismissed.
6. However, it shall be open to the petitioners to shift to the available land, as mentioned in the affidavit of Mr. Shekhar Vidyarthi, Special Secretary to Government Haryana, Environment Department. It shall also be open to the petitioners to approach this Court in case they face difficulty in identification of the land.
7. All the pending Civil Miscellaneous applications stand disposed of.
( RAJIV SHARMA )
JUDGE
November 25, 2019 ( HARINDER SINGH SIDHU )
ndj JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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