National Green Tribunal
Sampurna Nand vs Pnc Infratech Ltd on 26 February, 2026
Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 447/2024
Sampurna Nand Applicant
Versus
PNC Infratech Ltd & Ors. Respondents
Date of Judgment : 29.01.2026
Date of correction order : 26.02.2026
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
ORDER
1. It has been brought to our notice that in Judgment dated 29.01.2026 passed in O.A. No. 447/2024 Sampurna Nand Vs. M/s. PNC Infratec Ltd. and others in para no. 52 word "UKPPCB" was wrongly written instead of word "UPPCB" and word "Uttarakhand" was wrongly written instead of words "Uttar Pradesh", in para 71 word "Not" was omitted and in para 80 word "and" was omitted due to inadvertent clerical/typographical mistake which are ordered to be corrected as mentioned above.
2. Correction be made in Judgment dated 29.01.2026 and also in copy of Judgment dated 29.01.2026 uploaded on the website of this Tribunal accordingly.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 26th 2026 ag 1 Item No. 08 Court No. 2 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI THROUGH PHYSICAL HEARING (WITH HYBRID OPTION) Original Application No. 447/2024
1. Sampurna Nand Bhagoti Village, Patihata Chunar, Mirzapur, Uttar Pradesh ...Applicant Versus
1. M/s P.N.C. Infratech Ltd.
(now M/s. A.H.V.S. Infra LLP) Chunar, Mirzapur State of Uttar Pradesh
2. State of Uttar Pradesh Through Chief Secretary, Government of Uttar Pradesh, 101, 'B' Block, Lok Bhawan, U.P. Secretariat, Lucknow
3. Director, Directorate of Mining and Geology, Uttar Pradesh Raja, Khanij Bhawan 27/8 Ram Mohan Rai Marg, Lucknow, Uttar Pradesh
4. Uttar Pradesh Pollution Control Board Building No. TC-12V Vibhuti Khand, Gomti Nagar, Lucknow-226010, Uttar Pradesh ...Respondents For the Applicant:
Applicant in person (through V.C.).
For the Respondents:
Mr. Ajit Sharma, Mr. Kanchan Kumar, Mr. Lareb Habib Ansari, Mr. Yuvraj Singh, Mr. Anant Ram Mishra, Advocates for Respondent no. 1. Mr. Gi. GI. C. George and Mr. Sunil Kumar, Advocates for respondent no. 2 and 3.
Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for respondent no.
4.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER 1 _____________________________________________________________________________ Date of Hearing : 29.01.2026 Date of Judgment : 29.01.2026 _______________________________________________________________________________ Application is registered based on a letter petition received by Post Judgment PRONOUNCED BY: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM
1. The applicant-Sampurna Nand had sent to this Tribunal by post letter petition dated 19.04.2022, which was treated and registered as Original Application (O.A.) No.521 of 2022 for exercise of suo-moto jurisdiction in view of law laid down by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and others, (2022) 13 SCC 401.
2. In the original application the applicant complained about illegal mining and blasting causing severe environmental pollution on hills in the area of villages Bhagoti Dei, Sonpur, Biyahur and Chakjata, Pargana Bhagwat, Police Station Ahraura, Tehsil Chunar in District Mirzapur, Uttar Pradesh. The relevant part of the letter petition enumerating grievances of the applicant reads as under:
"X X X X विषय- मौजा सोनपुर, भगौती दे ई, वियाहुर ि चकजाता परगना भगित तहसील चुनार थाना अहरौरा जजला वमजाा पुर उ०प्र० वक पहाव़ियोों में विना िैधु पट्टा ि विना िैध ब्लास्टों ग लाइसेंस के ध़िल्ले से खनन मावियाओों द्वारा खनन काया एिों ब्लास्टों ग करके अरिोों रूपये का राजस्व चोरी करके िोल्डर, पविया, वगट्टी, भोड आवद वनकालकर पयाा िरण को दू वषत वकये जाने ि हम ग्रामिाजसयोों का जीना दु भार वकये जाने के सम्बोंध में प्राथाना पत्र द्वारा - सम्पूणाा नन्द पुत्र श्री कल्लू राम एिों समस्त ग्रामिासी ि क्षेत्रिासी ग्राम राभा भगौती दे ई, सोनपुर, वियाहुर ि चक जाता परगना भगित थाना अहरौरा तहसील चुनार जनपद वमजाा पुर उ०प्र० X X X X सविनय वनिेदन है वक जजला उपरोक्त मौजा वक पहाव़ियोों पर अिैध खनन कताा ओों द्वारा विना िैध परवमि ि पट्टा के विना िैध ब्लास्टों ग लाइसेंस के रात वदन मनमाना तररके से अिैध खनन काया वकया जा रहा है । अिैध काया करने से वदन में भी पुरे क्षेत्र में धुोंध ि अोंधेरा छाया रहता है और में धुल का गुब्बार ि कच़िा उ़िने से हम समस्त ग्रामिाजसयोों का ि उनके पररिारोों के 2 स्वास्थ्य पर िुरा प्रभाि प़ि रहा है साथ ही पहा़िोों पर अत्यवधक गहरा ि भारी मात्रा में ब्लास्टों ग वकया जाता है जजससे पुरे क्षेत्र में भूकम्प जैसा महसूस होता है और पुरा क्षेत्र हीलने लगता है जलसके कारण उपरोक्त गााँ िोों के अवधकाों श घरोों के छतोों में ि वदिालोों में दरारे आ गए हैं जजसमें सैक़िो घर जजार हो गए हैं जजसके कारण वकसी ि़िे दु घािना की आशों का िनी रहती है ।
इसकी जसकायत स्थावनय स्तर पर कई िार वकया गया जा चुका है लेवकन खनन मावियाओों के प्रभाि में स्थावनय पुजलस प्रशासन ि खनन विभाग तथा क्षेवत्रय प्रदू षण वनयोंत्रण िोडा के कमाचारी ि अवधकारी सुविधा शुल्क लेकर कोई कायािाही नही करते है । जजससे खनन मावियाओों का मनोिल वदन प्रवतवदन िढ़ता ही जा रहा है वदन में ही ब्लास्टों ग करने से कई िार कई लोोंगोों की मृत्यु हो चुकी है और कई लोग घायल भी हो चुके हैं जजसके स्खलाि स्थावनय लोोंगोों ने कई िार जसकायत, धरना प्रदशान वकया गया लेवकन अिैध खनन च अिै ध ब्लास्टों ग पर अि तक रोक नही लगाई गयी। अिैध खनन करके खनन मावियाओों द्वारा अरिोों रूपये का राजस्व चोरी करके सरकारी खजानो पर चू ना लगाया जा चुका है । अिैध खनन के िजह से ही पुरे क्षेत्र प्रदू षण विकराल रूप में िढ़ता जा रहा है । जजससे पयाा िरण को भारी नुकसान हो रहा है जलहाजा ऐसी पररस्स्थवत में श्रीमान जी द्वारा अपने स्तर से केन्द्रीय िीम से मौके वक जााँ च कराकर दोषी व्यपारीयोों के ि अवधकारीयोों के स्खलाि कठोर से कठोर क़िी कायािाही वकया जाय जो सही ि न्यायदार है ।
अतः श्रीमान जी से प्राथाना है वक उपरोक्त प्रकरण में गम्भीरता को ध्यान में रखते हुए अपने हुए अपने स्तर से केन्द्रीय िीम के द्वारा मौके पर जॉच कराये जाने ि दोषी व्यपारीयोों ि अवधकारीयोों के स्खलाि कठोर-कठोर कानूनी कायािाही वकए जाने की अत्र िरमाइ जािे , न्याय होगी"
3. The English Translation by the Registry of the relevant part of the letter petition enumerating grievances of the applicant reads as under:-
"X X X X Subject: Regarding large-scale illegal mining and blasting by mining mafias in the hills of Mauja Sonpur, Bhagauti Dei, Biyahur and Chakjata, Pargana Bhagwat, Tehsil Chunar, Police Station Ahraura, District Mirzapur, Uttar Pradesh, without valid lease and without valid blasting license, causing theft of government revenue worth billions of rupees by extracting boulders, slabs, grit, stone chips, etc., polluting the environment and making the lives of villagers miserable.
Through Petition by: Sampoornanand, S/o Shri Kallu Ram, along with all villagers and residents of the area of villages Rabha Bhagauti Dei, Sonpur, Biyahur and Chakjata, Pargana Bhagwat, Police Station Ahraura, Tehsil Chunar, District Mirzapur, Uttar Pradesh.
X X X X With due respect, it is humbly submitted that in the hills of the above-mentioned maujas, illegal mining is being carried out day and night in an arbitrary manner by illegal miners without any valid permit or lease and without any valid blasting license. Due to these illegal activities, a haze and darkness prevail in the 3 entire area even during the daytime, and because of flying dust clouds and debris, the health of all villagers and their families is being adversely affected. Moreover, extremely deep and heavy blasting is carried out in the hills, due to which the entire area experiences tremors like an earthquake and the whole region shakes. As a result, cracks have appeared in the roofs and walls of most houses in the above-mentioned villages, and hundreds of houses have become dilapidated, creating a constant fear of a major accident.
Complaints regarding this have been made several times at the local level, but under the influence of the mining mafia, the local police administration, the mining department, and officials and employees of the regional pollution control board, after taking illegal gratification, do not take any action. Due to this, the morale of the mining mafia is increasing day by day. Because blasting is carried out even during daytime, several people have died on many occasions and many others have been injured. Against this, local people have repeatedly submitted complaints and organized protests and demonstrations, but illegal mining and illegal blasting have not been stopped so far. By carrying out illegal mining, the mining mafia has stolen government revenue worth billions of rupees, causing huge losses to the public exchequer. Due to illegal mining, pollution in the entire region is increasing in a horrific manner, causing severe damage to the environment. Therefore, in such circumstances, it is requested that, at your level, a central team be constituted to conduct an on-site inspection and that the guilty traders and officials be subjected to the strictest possible action, which would be just and fair.
Therefore, Hon'ble Sir, it is prayed that, considering the seriousness of the above matter, you may kindly order an on-site investigation by a central team at your level and direct strict legal action against the guilty traders and officials. Justice will be served."
4. Vide order dated 01.09.2022, this Tribunal constituted a Joint Committee comprising of representatives of Regional Office, MoEF & CC, Lucknow, Director, Directorate of Geology and Mining, Uttar Pradesh, Uttar Pradesh State Pollution Control Board (UPPCB) and District Magistrate, Mirzapur and directed the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representatives of the concerned project proponents, if any, verify the factual position, take appropriate remedial action by following due process of law and submit its report within two months.
4 Report of the Joint Committee filed vide email dated 03.02.2023
5. In compliance thereof, report of the Joint Committee was filed vide email dated 03.02.2023. The relevant part of the report is reproduced below:-
"Report of Committee Constituted by Hon'ble NGT in the matter of O.A. No. 521/2022 Sampurna Nand Vs. State of U.P. X X X X No. District Name and address of the Stone Status Validity Crushers Units of CTO 1 MIRZAPUR M/S ABHIYAN CONSTRUCTION, CTO revoked CHAKJATA, AHRAURA, CHUNAR MIRZAPUR 2 MIRZAPUR M/S MAA GAYATRI STONE WORKS, Issued 31.07.2026 SONPUR, AHRAURA, CHUNAR 3 MIRZAPUR M/S MAHAKAL MINNING & Issued 31.07.2025 CONSTRUCTION , SONPUR, BHAGWAT, CHUNAR, MIRZAPUR 4 MIRZAPUR M/S P.N.C. INFRASTECH LTD,, Issued 31.07.2026 SONPUR, CHUNAR, MIRZAPUR 5 MIRZAPUR M/S S.U. ENTERPRISES,, SONPUR, CTO expired CHUNAR 6 MIRZAPUR M/s UMA STONE WORKS, ARAZI NO Issued 31.07.2024 140,57 ka, SONPUR BHAGWAT AHRAURA CHUNAR MIRZAPUR 7 MIRZAPUR M/s IDEAL VISIONS ARAZI NO. 131, Issued 31.07.2025 VILLAGESONPUR, PARGANA-
BHAGWAT, TEHSILCHUNAR,
DISTRICT-MIRZAPUR
8 MIRZAPUR M/S RAJ ASSOCIATE CRUSHER Issued 31.07.2025
PLANT,VILLAGESONPUR, PARGANA-
BHAGWAT, TEHSILCHUNAR,
DISTRICT-MIRZAPUR
9 MIRZAPUR M/s RAJ LAXMI ENTERPRISES, Issued 31.07.2026
VILLAGESONPUR, PARGANA-
BHAGWAT, TEHSIL-CHUNAR,
DISTRICT-MIRZAPUR
10 MIRZAPUR M/s R.K. CONSTRUCTION Issued 31.07.2027
C0.,VILLAGESONPUR, PARGANA-
BHAGWAT, TEHSIL-CHUNAR,
DISTRICT-MIRZAPUR
11 MIRZAPUR M/s MAA SHITLA STONE (STONE Issued 31.07.2026
CRUSHER UNIT),VILLAGE-SONPUR,
PARGANABHAGWAT, TEHSIL-
CHUNAR, DISTRICT-MIRZAPUR
12 M/S P.B.R. INFRATECH PRIVATE LTD., Issued 31.07.2027
MIRZAPUR UNIT04, VILL.-SONPUR, TEH.-
CHUNAR, MIRZAPUR
13 MIRZAPUR M/S P.B.R. INFRATECH PRIVATE LTD., Issued 31.07.2026
UNIT03, VILL.-SONPUR, TEH.-
CHUNAR, MIRZAPUR
5
14 MIRZAPUR M/s ASHIRWAD STONE (EX. NAME Issued 31.07.2025
M/S ASHIRWAD STONE WORKS)
BHAGAUTI DEI, PATIHATTA,
CHUNAR, MIRZAPUR
15 MIRZAPUR M/S ELIT STONES BHAGAUTI DEI, Issued 31.07.2023
CHUNAR
16 MIRZAPUR M/S GANGA SAGAR SINGH STONE Issued 31.07.2025
CRUSHER, BHAGAUTI DEI, CHUNAR,
MIRZAPUR
17 MIRZAPUR M/S MAA VINDHYAVASINI STONE Closure order issued
WORKS, BHAGAUTIDEI, CHUNAR by the Board
18 MIRZAPUR M/S RAJESH BHAI PATEL, BHAGAUTI Issued 31.07.2026
DEI, PATIHATTA, CHUNAR,
MIRZAPUR
19 MIRZAPUR M/S RAJU STONE PRODUCT, CTO Expired
BHAGAUTI DEI, PATIHATTA,
CHUNAR, MIRZAPUR
20 MIRZAPUR M/S RAUF KHAN, BHAGAUTI DEI, Issued 31.07.2026
CHUNAR MIRZAPUR
21 MIRZAPUR M/S SHRIKRISHNA STONE CRUSHER, Issued 31.07.2026
BHAGAUTI DEI, PATIHATTA,
CHUNAR, MIRZAPUR
22 MIRZAPUR M/s RIYA ENTERPRISES, BHAGAUTI Issued 31.7.2026
DEI, PATIHATTA, CHUNAR,
MIRZAPUR
23 MIRZAPUR M/s NEW ASHATBHUJA STONE Issued 31.07.2026
BHAGAUTI DEI, PATIHATTA,
CHUNAR, MIRZAPUR
24 MIRZAPUR M/s SHRI BAJARANG STONE Issued 31.07.2026
BHAGAUTI DEI, PATIHATTA,
CHUNAR, MIRZAPUR
25 MIRZAPUR M/s JAY MAA DURGAMIXTUR Issued 31.07.2025
PLANT, BHAGAUTI DEI, PATIHATTA,
CHUNAR, MIRZAPUR
26 MIRZAPUR M/S RAJESH BHAI PATEL, UNIT-02, Issued 31.07.2026
BHAGAUTI DEI, PATIHATTA,
CHUNAR, MIRZAPUR
3.2 Committee observes that maximum Stone Crushers are not sprinkling water in the Stone Crusher unit as well as on the connecting roads. However they have installed Air Pollution Control Devices as per CPCB Guidelines but due to non- operational status of Sprinkling System and less plantation around the periphery of Stone Crusher is causing serious threat on health aspects of resident of the area concerned. 3.3 It is in the interest of the residents of the area that, the Stone Crushers may be inspected by a Joint Committee comprising of State PCB, Mining Department, concerned SDMs and Police. AS per facts found by the committee, Action should be taken against the Stone Crushers under the provision of Air(Prevention and Control of Pollution) Act, 1981.
4.0 Other observations:-
4.1Committee observed that the almost all mines are operating in nature, without obtaining consent to operate (CTO) from the Pollution Control Board (UPPCB).6
4.2 Whereas, number of crusher unit found operative in same area (sometime with name of same lease) with valid Consent to Operate (CTO) issued by Uttar Pradesh Pollution Control Board(UPPCB).
4.3 All trees leaf lies on road are found full of dust, which clearly indicated that the mining and Crushing plant in the area generating heavy dust load, may also causes severe threat the local habitant.
4.4 It has also come to noticed that various village kachha road (10 to 15 meters) is being used for the mineral transportation during night time.
4.5 None of the mine conducted/submitted blast vibration study to concern department.
4.6 Most of the pits created by lease are very sharp in nature. 4.7 All most all mines are using 50 meter safety zone area under mining activity.
4.8 Few water tanker were seen which are sprinkling the water on unpaved kachha road but haul road was not being sprinkled in maximum mining leases.
4.9 There should be a better coordination between Local administration, Mines operator and Local dwellers for washing of the nearby tress on regular basis and spraying of water the road for controlling of secondary emission.
4.10 It has been found that the few mining leases are located around 500-600 meter to Jargo Dam only, which hold around 3 lacks cusec water and only source to irrigate around 1000 acres agricultural land in the area, received almost daily blasting sensation (Google Earth image is attached as Annexure E). 4.11 That the few mining leases are situated adjacent to the Jargo Dam, also for the mining purposes blasting being done near human habitation (abadi) by the mining proponent which are contrary to Clause 13 of General Condition of EC which says that "special measures shall be adopted to prevent the nearby settlements from the impacts of mining activities." 4.12 In the complaint of Shri Sampurna Nand, it has been mentioned that the nearby houses is being affected by the blasting in the mining leases but the Committee observed that there was no visible cracks on the walls and roofs of the nearby houses. 5.0 Committee Recommendation:-
5.1 Out of 40 leases, few leases were found operational approx 500 to 600 meter, close to exiting jargo dam (constructed in 1958, hold 3 lakks cusec water and only source to irrigate around 1000 acres agricultural land), need to be re-evaluated in light of continuous blasting activity in area.
5.2 State mining department have to obtained "No Objection Certificate from state irrigation department before grant of lease near Jargo Dam.
5.3 State Government shall constitute expert committee (Dam expert, Blasting expert etc) to assess the impact of mining and blasting activity (Blasting impact study) on the Jargo Dam and its stability, based on the finding state government may declare buffer zone, where mining etc will be completely prohibited. 5.4 Strict monitoring system can be developed including uses of drone survey etc for better compliance.
5.5 DGPS Survey agencies are not empaneled by UP-DGM, it is required to empaneled with UP-DGM 7 5.6 Capacity Building of the State DGM is required for approval of mining plan documents and subsequently its monitoring. 5.7 Uttar Pradesh Pollution Control Board (UPPCB) can also review the process for granting of CTO to mining lease and its crusher plant, to avoid such confusion, where mining lease operated mine without having valid CTO, whereas, associated crusher operated plant crusher with valid CTO.
5.8 Committee observed that the time of blasting for all mines are same i.e., around 2 PM, which may be rescheduled in light of local school timing, number of primary and middle schools are lies near the mining area.
5.9 The amount collected with environmental compensation be recovered from the concerned lease holder may be used for construction of the Cemented internal road, which is used for mineral transportation, road side plantation, mist gun used for water spraying, establishment of continuous online ambient air quality monitoring station, setting of noise barrier in densely populated area, school, hospital in the area. 5.10 Rate of financial assurance needs to enhanced for undertaking reclamation & rehabilitation activities against the area put to use for mining & allied activities per hectare. 5.11 The DMG office and Regional Office of UPPCB shall be strengthened with additional manpower & advanced infrastructure facilities for strict vigilance on mining activities. 5.12 Audit on the quantity permitted, quantity mined out, etc shall be conducted every year.
5.13 There should be a better coordination between mining department, DGMC and State PCB and a monthly/quarterly/half yearly meeting should be organized to resolve the various issues of the mining leases.
5.14 Uttar Pradesh Mining Department may review the LP. Mines and Minerals (Concession) Regulations, 1963, amended Rule 41-
A regarding "no mining operation can be carried out within 50 meter of any dam in light of mining where, intensive blasting is involve.
5.15 Controlling of dust emission is a challenge in the area in question, therefore, committee in view that a Joint Committee will constituted by local administration comprising of State PCB, Mining Department, concerned SDMs and Police to review the situation of dust arising from Stone Crushers operational in the areas and compliances of the CTO condition imposed by U.P. Pollution Control Board and if any violation is found by any of the Stone Crusher unit recommendation be sent to State PCB to revoke the CTO granted and take further necessary action as per provisions of Air (Prevention and Control of Pollution) Act, 1981 and Environmental compensation should be imposed against the violators for the defaulting days."
6. In its report the Joint Committee also mentioned that 26 stone crushers were operational in villages Bhagoti Dei, Sonpur, Biyahur and Chakjata; and that out of 26 stone crushers, Consent to Operate (CTO) of two stone crushers had expired, CTO of one stone crusher had been 8 revoked and closure order had been issued against one stone crusher. However, the Joint Committee did not look into status of compliance by other stone crushers individually with respect to compliance with the CTO conditions.
7. Vide order dated 27.04.2023, the Joint Committee was directed to undertake requisite visits to each of the 26 stone crushers, verify the factual position regarding compliance with consent conditions and submit its report within two months which period was extended by two weeks vide order dated 03.07.2023.
Report dated 06.07.2023 of the Joint Committee
8. In compliance thereof report of the Joint Committee dated 06.07.2023 was filed before this Tribunal. The relevant part of the report is reproduced as under:-
"Factual report of Committee constituted by District Administration, Mirzapur in the matter of O.A. No. 521/2022Sampurna Nand V/s. State of U.P.& Ors.
X X X X 4.1. M/s PNC Infratech Limited, Sonpur, Bhagwat, Chunar, Mirzapur.
a) The said industry is informed to be established at Arazi No. 57, Village-Sonpur, Pargana-Bhagwat, Tehsil-Chunar, District-
Mirzapur. The Geo-coordinates of the industry is 25.054115- latitude and 83.000388-longitude.
b) Stone Crusher was found in operational condition. Stone grits are produced by the referred industry using boulders.
c) The plants and machinery of the industry such as primary jaw crusher, secondary jaw crusher, vibrating screens (waterfall), conveyor belts and ends of conveyor belts were not found fully covered. Vibrating screens (waterfall) were found partially uncovered. Primary jaw crusher and secondary jaw crusher and conveyor belts were found partially uncovered and end of conveyor belts were also not found covered.
X X X X
d) A telescopic suit was found not installed at the ends of the conveyor belts. 01 no. of water sprinkler was found installed at jaw crushers and all conveyor belts. Water sprinklers are not installed at metal sheet barricading situated in surrounding premises of industry. Water sprinklers were not found installed 9 at vibrating screen. Thus, adequate water sprinkling system was not found installed to control fugitive dust emission in the industry and partially installed water sprinkling system was found operational condition.
e) It was found that 01 no. of anti smog gun is being used to control dust emission generated by vehicular movement in the industry premises.
f) Separate energy meter for consumption of electricity used in water sprinkling and water meter for measurement of quantity of water consumption was found installed.
g) Wind breaking wall of 12 feet height was not found constructed in the industry premises. which is showing violation of condition imposed in CTO. Partially open metal sheet Barricading of approximate 10 feet height wind breaking wall was found establish in all direction of industry which is showing violation of condition imposed in CTO.
X X X X
h) Proper green belt was not found developed in the industry as per office memorandum issued by SPCB vide dated 27.02.2020. Metallic road was not found constructed inside the premises of industry.
i) DG set of capacity 625 KVA was found establish in industry premises. The height of the Stack attached at the exhaust of the DG set was not found to be as per the standards prescribed by the Board for the control of gaseous emissions generated from the DG set in the industry.
j) The Industry has not submitted compliance report of conditions imposed in CTO (Air and Water) dated 11.07.2022 issued by SPCB. The CTO is valid up to dated 31.07.2026. The stone crusher is not complying conditions imposed in CTO.
k) The industry is being operated without installation of proper air pollution control systems which is showing violation of the provisions contained in the Prevention and Control of Air Pollution Act, 1981 (as amended).
4.2. Recommendations:
1. It is recommended to revoke the granted CTO and issuing of closure order against the said industry under Section-31A of the Air (Prevention and Control of Pollution) Act, 1981 (as amended).
2. It is also recommended to impose environmental compensation in compliance with the instructions of Hon'ble National Green Tribunal, New Delhi, for the violation period on the industry."
9. In view of the observations and recommendations made in the report of the Joint Committee dated 06.07.2023, all the 26 stone crushers were impleaded as respondents no. 44 to 70 vide order dated 26.09.2023. The registry was directed to amend the memo of parties and to issue notices to all the 26 stone crushers requiring them to file their replies/responses on or before 16.10.2023.10
10. In view of the interim order dated 27.04.2023 prohibiting mining in the mining leases in question, precautionary principle and to prevent illegal mining in the area, this Tribunal, vide order dated 03.07.2023, directed that all the stone crushers operating in the above said villages on the basis of the mining in said mining lease sites shall also remain closed till further orders to the contrary.
11. Civil Appeal No. 5480/2023 titled M/s. P.B.R. Infratech Pvt.
Ltd. & Others and connected Civil Appeal No. 5482/2023 whereby direction issued by this Tribunal in paragraph 13 of its order dated 03.07.2023 relating to the stone crushers has been stayed only as far as the appellants in the above said appeals were concerned.
12. This Tribunal observed in order dated 17.10.2023 that Appellants in the Civil Appeals filed before the Hon'ble Supreme Court of India, are entitled to operate as the direction issued by this Tribunal in paragraph 13 of order dated 03.07.2023 shall remain stayed as ordered by Hon'ble Supreme Court of India and this Tribunal also allowed other stone crushers who were having valid CTO from UPPCB to operate while observing that further orders regarding the stone crushers will be passed on receipt of orders from Hon'ble Supreme Court of India.
13. This Tribunal observed in order dated 12.03.2024 that due to the number of the Project Proponents impleaded as respondents no. 4 to 69 being large it became difficult to properly correlate the observations made in the report of the Joint Committee regarding environmental violations and the submissions made by the official respondents and also the responses filed by the concerned Project Proponents. Accordingly, this Tribunal directed the Registry to separate case against each of the Project 11 Proponents impleaded as respondents no. 4 to 69 by preparing Photostat copies of the relevant records and registering separate original applications by treating the O.A. No. 521/2022 as case against respondent no. 4 and preparing and registering 65 other cases against remaining 65 Project Proponents.
14. Vide order dated 12.03.2024 all the Project Proponents of Stone Crushers were directed to file their compliance reports in response to the reports of the Joint Committee, UPPCB and District Magistrate, Mirzapur with details of action taken/contemplated for the compliance of consent conditions as applicable to them within one month and to send copy thereof to the Regional Officer, UPPCB who was directed to verify the compliance and file verification report before this Tribunal. UPPCB was also directed to take appropriate remedial action regarding closure/revocation of closure on the basis of such verification of non- compliance/compliance by the concerned Project Proponents.
15. Accordingly, O.A. No. 447/2024 was registered against M/s. P.N.C. Infratech Ltd. (now M/s.A.H.V.S. Infra LLP) which was impleaded as respondent no. 1.
16. The respondent no. 1-Project Proponent submitted affidavit dated 30.01.2024 to the Regional Officer, UPPCB asserting compliance and the relevant part of the affidavit reads as under:-
"1. Industry has closed metal sheet enclosures at dust emitting points i.e., the crushers including their discharge points, screens, and the transfer points of belt conveyers.
2. Industry has arrangements of a door with opening and closing facility for cleaning and maintenance and flexible covers at entrance and exit of the belt conveyors.
3. Industry has all opening provided for ventilation in the enclosures covered by canvas bag-filter to arrest the escaping dust.
4. Industry has covering of all belt conveyers.12
5. Industry has silos with telescopic discharge chute for collecting, storing and delivering and truck loading the product, for controlling 'stone dust' and the reject, 'fine dust'.
6. Industry has a minimum 12 ft high metal sheet barricading or boundary wall.
7. Industry has dust suppression by scientifically designed water sprinkling system on raw material/products at the equipment's and transfer points.
8. Industry has the metal roads inside the stone crusher premises with arrangement for regular cleaning inside the premises to avoid re-entrainment of settled dust.
9. Industry has regular wetting of the ground through tanker mounted sprinklers/smog guns within the premises.
10. Industry has dense green belt along the boundary wall.
11. Industry has the dust extraction system installed by the stone crushers at dust containment enclosures to extract the accumulated dust fitted with adequate dust control system.
12. Industry has the arrangements to minimize the generation of dust emissions during loading, unloading, handling and storage of raw material/products, waste or byproducts.
13. Industry has arrangement of covering while transportation and storage of final product/material.
14. Industry has the stretches of the main highways passing in the vicinity of the stone crushers areas are metalled.
15. Industry has the approach and link roads in the stone crushers area are metalled.
16. Industry has Quarterly Ambient Air Monitoring through third party.
17. Industry has maintain logbook of consumed electricity for measurement of quantity of water consumption."
17. Regional Officer, UPPCB, Sonbhadra verified compliance status by conducting field visit on 08.02.2024 and submitted inspection report dated 08.02.2024. In his report Regional Officer, UPPCB, Sonbhadra mentioned that the project proponent had installed the requisite air control devices and water sprinklers, provided four smog gun, separate electricity meter and electromagnetic flow meter for water consumption. In his report Regional Officer, UPPCB, Sonbhadra also mentioned that part of metalled/cemented road was found but the remaining part could not be verified due to accumulation of dust and that the Project Proponent had carried out some plantation but sought time for development of green belt that the height of the Stack attached at the exhaust of the DG set was not found to be as per the standards and vide letter dated 08.02.2024 recommended revocation of show cause notice dated 12.01.2024 and 13 allowing of operation of Stone Crusher by respondent no. 1 with the following conditions:-
"I. उद्योग पर अधिरोपपत पर्यावरणीर् क्षधतपूधता की िनरयधि उद्योग द्वयरय धनियाररत समर्यवधि में रयज्र् बोर्ा के खयते में जमय ककर्य जयर्।
II. उद्योग कय संचयलन प्रयरम्भ होने पर पररवेिीर् वयर्ु गुणतय कय अनुश्रवण एन०ए०बी०एल० एकिर्े टेर् प्रर्ोगियलय अथवय पर्यावरण (संरक्षण) अधिधनर्म, 1986 के अिीन मयन्र्तय प्रयप्त प्रर्ोगियलय से करयकर एक मयह के अन्दर आख्र्य रयज्र् बोर्ा को प्रेपित ककर्य जयर्े।
III. उद्योग में स्थयपपत वयर्ु प्रदि ू ण धनर्ंत्रण व्र्वस्थयओं कय संचयलन एवं रख-रखयव इस प्रकयर से ककर्य जयर्े जजससे कक पररवेिीर् वयर्ु गुणतय सदै व बोर्ा द्वयरय धनियाररत मयनको के अनुरूप रहे तथय आस-पयस के वयतयवरण व जन स्वयस््र् पर कोई प्रधतकूल प्रभयव न पडे ।
III. उद्योग स्थल के एक धतहयई भू-भयग पर ऊँचे. घने एवं प्रदि ू णरोिी ककस्म के पौिों की हररत पजटटकय 03 मयह के अन्दर पवकधसत की जयर्े एवं तत्सम्बन्ि में रयज्र् बोर्ा को सूधचत ककर्य जयर्।
V. उद्योग द्वयरय मय० एन०जी०टी० के उक्त प्रकरण में जयरी आदे ि/धनदे िों कय अक्षरिः अनुपयलन ककर्य जयर्े।
VI. उद्योग द्वयरय वयटर जस्प्रंज्लंग में पवद्युत की खपत हे तु स्थयपपत पृथक इनजी मीटर एवं जल खपत की मयत्रय के मयपन हे तु स्थयपपत इले्रोमैग्नेकटक फ्लो मीटर (वॉटर मीटर) के संचयलन सम्बन्िी दै धनक लॉगबुक मेन्टे न की जयर् तथय धनरीक्षण के समर् अधिकयररर्ों के समक्ष प्रस्तुत की जयर् एवं प्रत्र्ेक त्रैमयधसक रयज्र् बोर्ा को प्रेपित ककर्य जयर्।
VII. उपरोक्त ितों कय अनुपयलन सुधनजित ककर्े जयने हे तु कुल रू 50000.00 (रूपर्य पचयस हजयर) मयत्र की बैंक गयरण्टी रयज्र् बोर्ा को प्रेपित ककर्य जयर्े।"
18. UPPCB filed report dated 07.03.2024 vide email dated 07.03.2024 mentioning that respondent no. 1-Project Proponent was found to be compliant and respondent no. 1-Project Proponent had been allowed to continue to operate.
19. However, this Tribunal considered the report on 25.04.2024 and observed that in order dated 25.04.2024 that verification report regarding compliance status of respondent no. 1-Project Proponent and 14 copies of the relevant documents were not filed by the UPPCB and directed that verification report regarding compliance status of respondent no. 1- Project Proponent and copies of the relevant documents be filed by the UPPCB.
Status Report dated 04.05.2024 filed by UPPCB
20. In compliance of order dated 25.04.2024 the Regional Officer, UPPCB, Sonbhadra filed status report dated 04.05.2024 (Pages no. 3 to 14 of the paper book) vide email dated 06.05.2024 mentioning that respondent no. 1-Project Proponent was found to be compliant and UPPCB had revoked show cause notice dated 12.01.2024 and allowed operation of stone crusher. It was also mentioned in the report that environmental compensation amount was deposited by respondent no. 1-Project Proponent. The relevant part of the report is reproduced below:-
S.NO. Major Air Installation Remark and Action Taken Pollution Control Status measures 1 Closed metal sheet Yes In the light of facts and enclosures at dust observations found during emitting points. site visit, UPPCB revoked 2 Covering of all Yes the show cause notice conveyor belts. dated 12.01.2024 and 3 Telescopic Yes allow for operation.
discharge chute or Canvas UPPCB has imposed the cloth / plastic drum environmental 4 Wind breaking wall Yes compensation around the on the said stone crusher premises. for past violation and 5 Water sprinklers at Yes defaulting days, which emitting point and amount has deposited by wind breaking the industry.
wall.
6 Smog gun and Rain Yes Gun as dust suppression mechanism 7 Height of exhaust Yes pipe of DG Set.
15
21. On 07.05.2024 none appeared for respondent no. 1 and after hearing arguments addressed by the applicant and learned Counsels for respondents no. 2 to 4 order was reserved but on going through the material on record further hearing was considered to be necessary and vide order dated 25.09.2024 the present O.A. was relisted for further hearing. The relevant part of the order reads as under:-
"22. UPPCB has issued environmental guidelines for stone crushing units vide letter dated 10.02.2022 and CPCB has issued environmental guidelines for stone crushing units in July 2023. The guidelines issued by UPPCB require minimum 1.0 hectare land for setting up stone crushing unit and prescribe the location criteria for stone crushing units inter alia requiring distance of minimum 500 meters from abadi and 01 kilometer from forest land. The guidelines make detailed provisions regarding installation of air pollution control equipments/devices, erection of wind breaking wall, providing of metalled/cement concrete roads in the stone crusher and raising of green belt in 33 % of the land of the stone crusher. The guidelines also mandate relocation of stone crusher not meeting location criteria within two years. CPCB guidelines inter alia require plantation of two/three rows of tall trees around the periphery of the stone crusher, installation of display of board at the entrance of the stone crusher with requisite information regarding water consumption, obtaining of permission for abstraction of groundwater from groundwater authority/ department, installation of CCTVs and PTZ cameras at the entrance and all corners of the premises of the unit covering entire area with minimum of 30 days data storage and uploading of digitally tagged photographs and videos of the crushing unit by the project proponent.
23. In the present case the Joint Committee and the Regional Officer, UPPCB, Sonbhadra have not submitted any report regarding compliance with guidelines issued by UPPCB and CPCB regarding location criteria and other aspects highlighted above. The report submitted by Regional Officer, UPPCB, Sonbhadra regarding compliance by respondent no. 1 in respect of installation of pollution control devices, wind breaking wall, metalled/cement concrete road within the stone crusher and raising of green belt is vague. Copy of the consent conditions has not been enclosed with the report and status of compliance with the consent conditions is not completely verified The Regional Officer, UPPCB, Sonbhadra found metalled road to have been constructed but stated that part of the road is covered with sand and status thereof could not be verified. There is no mention in the report regarding source of water for sprinkling, maintaining of log book regarding the same and obtaining of permission for 16 abstraction of ground water in the eventuality of utilization ground water for sprinkling. The status of compliance regarding number of plants, species and area of plantation has also not been specifically verified for due compliance with consent conditions and UPPCB/CPCB guidelines. UPPCB is directed to verify the factual position and submit his report regarding due compliance with UPPCB/CPCB guidelines and consent conditions giving requisite details particularly regarding compliance with the aspects highlighted above.
24. It may also be added here that amount of environmental compensation has been deposited by respondent no. 1 with UPPCB but UPPCB has also not submitted any action plan regarding utilization of environmental compensation deposited by respondent no. 1. UPPCB is directed to submit an action plan regarding utilization of environmental compensation deposited with it for protection and improvement of environment in the vicinity of/area surrounding the stone crushing unit of respondent no. 1."
Affidavit dated 09.11.2024 filed by UPPCB
22. In compliance thereof, affidavit dated 09.11.2024 (Pages no. 15 to 40 of the paper book) was filed by UPPCB vide email dated 11.11.2024. The relevant part of the affidavit reads as under:-
"AFFIDAVIT ON BEHALF OF THE UTTAR PRADESH POLLUTION CONTROL BOARD IN COMPLIANCE TO THE ORDER DATED 25.09.2024 PASSED BY THIS HON'BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI.
X X X X
3. That vide its order dated 25.09.2024 this Hon'ble National Green Tribunal, Principal Bench, New Delhi (hereinafter Hon'ble Tribunal) has directed the UPPCB to further verify the factual position and submit its report regarding due compliance with UPPCB/CPCB guidelines and consent conditions giving requisite details. This Hon'ble Tribunal further directs the UPPCB to submit report regarding steps taken for recovery of the amount of the environmental compensation and in case the same has been deposited by respondent no. 1 or recovered from him, to file an action plan regarding utilization of environmental compensation deposited with it for protection and improvement of environment in the vicinity of/area surrounding the stone crushing unit of respondent no. 1.
4. That in compliance to the order dated 25.09.2024 passed by this Hon'ble Tribunal and to verify the compliance status of Consent to Operate (CTO) issued to M/s PNC Infratech Limited, Sonpur, Bhagwat, Chunar, Mirzapur, the officials of the UPPCB have conducted the field visit of aforesaid Stone Crusher Unit on 05.11.2024. The detailed Compliance Report alongwith its 17 respective annexure is being attached herewith as Annexure R/1.
5. That the Annexure annexed to the present accompanying Affidavit is true copy of their respective original.
Compliance report in pursuant to order dated 25.09.2024 passed by Hon'ble NGT in the matter of Original Application No. O.A. No.447/2024 Sampurna Nand Versus M/s PNC Infratrch Ltd. & Ors.
X X X X In Compliance of above directions of hon'ble NGT, to verify the compliance status of CTO issued to M/s PNC Infratech Limited, Sonpur, Bhagwat, Chunar, Mirzapur UPPCB officials have conducted the field visit of aforesaid Stone Crusher Unit on dated 05.11.2024. The detailed inspection report annexed as (Annexure No.1).
i. UPPCB has issued CTO to aforesaid Stone Crusher unit vide ref.no.159294/UPPCB/Sonebhadra(UPPCBRO)/CTO/both/MI RZAPUR/202022 dated 11.07.2022. Annexure No.2). ii. Compliance Status of Conditions imposed in Consent to Operate (CTO) Air & Water issued to said industry are annexed as (Annexure No.3).
iii. UPPCB has imposed the environmental compensation on the said stone crusher Unit for past violation and defaulting days vide Ref. no.H07231/C-2/NGT-67/224 dated 19.02.2024 which amount has been deposited by the industry. (Annexure no.4).
iv. Action plan regarding utilization of environmental compensation deposited with it for protection and improvement of environment in the vicinity of/area surrounding the stone crushing unit of is annexed as (Annexure No.5)."
23. This Tribunal considered the report on 11.02.2025 and observed that the information as directed by this Tribunal regarding compliance with CPCB and UPPCB guidelines by respondent no. 1-stone crusher had not been given and standard stereotyped inspection report 2 had been enclosed with the response. Even said report disclosed non-compliance with environmental norms in regard to construction of metaled road.
24. Accordingly, vide order dated 11.02.2025 UPPCB was directed to file additional response. The relevant part of the order reads as under:-
"4. UPPCB is directed to file additional response verifying compliance status of respondent no. 1-stone crusher regarding compliance with guidelines issued by CPCB and UPPCB for stone 18 crushers. In its response UPPCB shall specifically give all relevant details regarding the green-belt developed with area, description of species, number of trees planted etc., and also construction of metaled road inside the stone crusher and also about approach road to the stone crusher. UPPCB is also directed to videograph the premises of respondent no. 1-stone crusher to show the compliance status qua the guidelines issued by CPCB and UPPCB by respondent no. 1-stone crusher and file copy thereof in pen drive alongwith its report. Copies of documents submitted by respondent no. 1-stone crusher with the application for grant of last CTO and also verification report recorded by UPPCB before such grant of CTO be also enclosed with the report.
Affidavit dated 29.03.2025 filed by UPPCB
25. In compliance of order dated 11.02.2025 affidavit dated 29.03.2025 (Pages no. 41 to 93 of the paper book) has been filed by UPPCB vide email dated 01.04.2025. The relevant part of the affidavit reads as under:-
"AFFIDAVIT ON BEHALF OF THE UTTAR PRADESH POLLUTION CONTROL BOARD IN COMPLIANCE TO THE ORDER DATED 11.02.2025 PASSED BY THIS HON'BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI.
X X X X
4. That for compliance of above directions issued by this Hon'ble Tribunal, the officials of UPPCB have conducted the field visit of above concerned Stone Crusher Unit i.e. M/s A.H.V.C. Infra L.L.P.-Stone Crusher Unit (Ex-Name- M/s PNC Infratech Limited), established at Arazi No. 57, Village-Sonpur, Pargana- Bhagwat, Tehsil-Chunar, District-Mirzapur on 21.03.2025. A Copy of letter dated 21.03.2025 is being annexed as Annexure No.1.
5. That further, notice has been issued to above concerned Stone Crusher Unit by UPPCB vide ref. no. G0253/O.A. No. 447/2025 dated 05.03.2025, for submission of compliance Status of CTO issued to above Unit and to submit compliance of guidelines of UPPCB, CPCB. Also to provide details of green belt developed along with species of plantation done by PP of stone crusher Unit & other to provide information reg. metallic road developed to reduce dust emission & etc. A copy of the letter dated 05.03.2025 is being annexed as Annexure No.2.
6. That on the basis of observations found during the field visit dated 21.03.2025, the Points wise compliance status of directions issued by Hon'ble tribunal are as follows:-
i. During field visit, representative of above concerned Stone Crusher unit informed that the stone crusher unit operation is 'closed since 01 weeks.19
ii. During inspection Air pollution sources i.e. such as Primary Jaw Crusher, Vibrating screen, conveyer belts end points were found covered with canvas cloth/ telescopic suit was found established.
iii. At End points of conveyer belts to control dust emission water sprinkling mechanism was found established. During inspection to control dust emission waster sprinkling mechanism was found established and, iv. Inside the premises of Stone Crusher Unit, metallic/Concrete Road was found established to reduce vehicular dust emission generated during movement of vehicles.
v. Regarding status of metallic road/concrete road during inspection, it was found that along approach road of 500 meters from unit, thick layer of dust was found, So, establishment of metallic/concrete road along 500 meter cannot be verified. Further, after 500 meter, approach road of approx. 1.5 KM stretch road constructed was found metallic/concrete road. vi. Regarding green belt developed by above PP of unit, during inspection, it was found that, 1200 Nos. of Plants of species such as Ashok, Jamun, Kadam, Sagaun, Kathal, Anar & etc was found planted inside the premises of the above Stone Crusher Unit, which is at approx. 0.40 Ha. Area of total area of above Stone Crusher Unit.
vii. During inspection Air Pollution Control System was found established and unit was found complying the conditions of CTO issued to above unit by UPPCB.
viii.For compliance of direction issued by Hon'ble tribunal regarding to take videograph the premises of respondent no. 1- i.e. M/s PNC Infratech Limited, Village-Sonpur, Pargana- Bhagwat, Tehsil-Chunar, District-Mirzapur, to show the compliance status qua the guidelines issued by CPCB and UPPCB by respondent no. 1-stone crusher Unit. Videography of above concerned Stone Crusher unit had been done by UPPCB on dated 21.03.2025.
ix. A copy of the letter dated 25.03.2025 is being annexed as Annexure No.3.
x. A Copy of latest CTO Application done by PP of above Stone crusher through UPOCMMS of application dated 24.06.2022 is being annexed as Annexure no.4.
xi. In compliance of CTO application done by PP through UPOCMMS portal via application dated 24.06.2022 to verify the application status UPPCB officials have conducted the field visit of Stone Crusher Unit on dated 08.07.2022. A copy of inspection report dated 08.07.2022 is being annexed as Annexure no.5.
xii. UPPCB has issued CTO to aforesaid Stone Crusher unit videref.no.159294/UPPCB/Sonebhadra(UPPCBRO)/CTO/both /MIRZAPUR /20202 dated 11.07.2022, valid up to 31.07.2026 A copy of CTO dated 11.07.2022 is being annexed as Annexure No.6.
7. That UPPCB has imposed the environmental compensation on the said stone crusher Unit for past violation and defaulting days vide Ref. no.H07231/C-2/ NGT-67/224 dated 19.02.2024, which amount has been deposited by the industry.
8. That further, in compliance of Hon'ble Tribunal order dated 25.09.2024, regarding utilization Environmental compensation deposited by PP for Environmental Protection, Action plan for 20 utilization of environmental compensation deposited by PP, for protection and improvement of environment in the vicinity of/area surrounding the stone crushing units operational in district, Mirzapur along with of CTO issued to above Stone Crusher Unit has been send to HO, Lucknow for kind information and further necessary action.
Action plan regarding utilization of environmental compensation deposited with it for protection and improvement of environment in the vicinity of/area surrounding the stone crushing unit of is annexed as Annexure No.7."
26. The affidavit was considered by this Tribunal on 21.07.2025 and this Tribunal found that the report had been filed by the UPPCB in the same stereotyped manner and the report was materially deficient as the status of compliance with respect to each of the guidelines issued by CPCB and UPPCB in respect of the stone crushers had not been mentioned in tabular form or format prescribed by CPCB and supporting photographs and videoclips substantiating compliance status had not been filed. Vide order dated 21.07.2025 UPPCB was granted time to file additional report with direction that additional report with all requisite details and supporting photographs and videoclips taken for verifying compliance by the Project Proponent may be filed within one month. Affidavit dated 22.08.2025 filed by UPPCB
27. In compliance of order dated 21.07.2025, Affidavit dated 22.08.2025 (Pages no. 94 to 148 of the paper book) was filed by UPPCB along with pen drive. The relevant part of the affidavit reads as under:-
"AFFIDAVIT ON BEHALF OF THE UTTAR PRADESH POLLUTION CONTROL BOARD IN COMPLIANCE OF THE ORDER DATED 21.07.2025 PASSED BY THIS HON'BLE TRIBUNAL X X X X
5. That in compliance of the said order, present affidavit is being filed.
6. That Regional Office of UPPCB has conducted a field visit of the concerned Stone Crusher Unit i.e. M/s A.H.V.C. Infra L.L.P.- Stone Crusher Unit (Ex-Name- M/s PNC Infratech Limited), 21 established at Arazi No. 57, Village-Sonpur, Pargana-Bhagwat, Tehsil-Chunar, District-Mirzapur on 18.08.2025.
7. That as per records available in the office and facts found during field visit of the above concerned Stone Crusher Unit, the observations are as follows:-
i. During field visit above concerned stone crusher unit was found non-operational.
ii. As per record available in this office, CTO (Consent to Operate) has been issued to above concern Stone Crusher Unit by UPPCB vide ref. no.
159294/UPPCB/Sonebhadra(UPPCBRO)/CTO/both/MIRZAPU R/2022 dated 11.07.2022 for production of Stone Grit @ 2120 TPD at Arazi no. 57, Village Sonpur, Pargana- Bhagwat, Tehsil- Chunar, District-Mirzapur, which is valid upto 31.07.2026 (Annexure No.1).
iii. During inspection Air pollution sources such as Primary Jaw Crusher, Vibrating screen, and conveyer belts at end points were found covered with metal sheet/telescopic suit was found established.
iv. To control dust emission at end points of conveyer belt water sprinkling mechanism was found established. v. Inside the premises of Stone Crusher Unit, metalled/Concrete road was found established to reduce vehicular dust emission generated during movement of vehicles.
vi. It was found that approach road is constructed metalled/concrete road. Along Ramp RCC road was found constructed.
vii. Dug was found covered on 03 sides with metallic sheet. viii. As green belt of 03 Row plantations was found in unit along the side of boundary wall. Further, as per field observation approx. 500 Nos. of plants of various Species such as Mango, Neem, Imlee, Guawa, Peeple, Chitvan, Sagon, Kadam, Arjun, Jamun, Sheesham, Kanail, Gulmohar, Ashok etc. were found in area of approx. 02 Bigha (approx. 5016 m²). ix. Anti-smog gun was also found established to control fugitive dust emission generated during vehicular movement and during loading/unloading of Raw material.
x. As a wind breaking wall, metallic sheet boundary wall was found along 04 sides of unit.
xi. Further, UPPCB has imposed the environmental compensation on the said stone crusher unit for past violation and defaulting days vide Ref. No. H07231/C-2/ NGT-67/224 dated 19.02.2024 and the amount has been deposited by the industry.
A true copy of inspection report is being enclosed herewith and marked as Annexure No. 2.
8. That copy of Stone Crusher Guideline of Uttar Pradesh Pollution Control Board and Environmental Guidelines for Stone Crushing Units of CPCB (Central Pollution Control Board) are being Annexed as Annexure No. 3 & Annexure No. 4 respectively.
9. That in compliance of directions issued by this Hon'ble Tribunal, the point wise compliance status of guidelines of Stone Crushing units issued by UPPCB & CPCB in tabulated form along with Photographs and Video clip are being annexed as Annexure No.2.22
10. That compliance of directions issued by Hon'ble Tribunal the copy of CTO application along with the documents were submitted by Project Proponent are collectively enclosed herewith as Annexure No. 5.
11. That on receipt of above CTO application, inspection was carried out and the said inspection report dated 08.07.2022 is enclosed herewith as Annexure No. 6."
28. Vide order dated 25.08.2025 respondent no. 1 was given opportunity to file objection, if any, to the affidavit/pen drive filed by UPPCB within two months and UPPCB was directed to issue appropriate directions/order to the Project Proponent to ensure compliance with the consent conditions and to verify such compliance and file additional affidavit within two months.
29. Respondent no. 1 did not file any objections to the affidavit or pen- drive filed by the UPPCB.
Affidavit dated 28.10.2025 filed by UPPCB
30. Affidavit dated 28.10.2025 was filed by UPPCB vide email dated 28.10.2025 (Pages no. 149 to 293 of the paper book). The relevant part of the affidavit reads as under:-
"AFFIDAVIT ON BEHALF OF THE UTTAR PRADESH POLLUTION CONTROL BOARD IN COMPLIANCE OF ORDER DATED 25.08.2025 PASSED BY THIS HON'BLE TRIBUNAL X X X X
4.That, in compliance of the above directions passed by this Hon'ble Tribunal, officials of UPPCB has conducted the field visit of above Stone Crusher Unit i.e. M/s A.H.V.C. Infra L.L.P.-Stone Crusher Unit (Ex-Name-M/s PNC Infratech Limited), established at Arazi No. 57, Village-Sonpur, Pargana-Bhagwat, Tehsil- Chunar, District-Mirzapur on 18.08.2025.
5.That accordingly compliance report in the form of affidavit was placed before this Hon'ble Tribunal for kind consideration.
6.That further vide its order dated 25.08.2025 this Hon'ble Tribunal directed as follows:
..."3. Copy of pen drive filed by UPPCB may be supplied to the respondent no. 1 on furnishing of blank pen drive for this purpose.
5. UPPCB is directed to issue appropriate directions/order to the project proponent to ensure compliance with the consent 23 conditions and to verify such compliance and file additional affidavit within two months.
6. List on 30.10.2025 for final hearing."
7. That in compliance of above, directions have been issued to above Stone Crusher Unit i.e. M/s A.H.V.C. Infra L.L.P.-Stone Crusher Unit (Ex-Name- M/s PNC Infratech Limited), established at Arazi No. 57, Village-Sonpur, Pargana-Bhagwat, Tehsil-Chunar, District-Mirzapur by UPPCB vide letter ref. No. G1193 /A.H.V.C.Infra/Sahmati/2025 dated 13.10.2025 for compliance of conditions of CTO issued to above Unit by UPPCB vide ref. No. 159294/UPPCB/Sonebhadra (UPPCBRO) /CTO/both/Mirzapur/2025 dated 11.07.2022 and to submit compliance status. Further, directions also issued to Stone Crusher Unit to comply/follow the Central Pollution Control Board (CPCB) and Uttar Pradesh Pollution Control Board (UPPCB) Guidelines of Stone Crusher Unit for operation of Stone Crusher Unit and to submit compliance report. A Copy of letter Dated 13.10.2025 is being annexed as Annexure No.1.
8. That in compliance of directions, a copy of Videography along with Affidavit, which was filed before this Hon'ble Tribunal has been sent to the above Stone Crusher Unit in pen drive vide letter ref. No. G1218/OA No. 447/2025 dated 15.10.2025. A Copy of letter dated 15.10.2025 is being Annexed as Annexure No.2.
9.That in compliance of the directions passed by this Hon'ble Tribunal, UPPCB has again conducted the field visit of above concerned Stone Crusher on dated 17.10.2025 wherein it has been found as follows.
i. During field visit above concerned stone Crusher unit was found non-operational.
ii. During inspection Air pollution sources i.e. such as Primary Jaw Crusher, Vibrating screen, and conveyer belts end points were found covered with canvas cloth/ telescopic suit was found established.
iii. Unloading point of raw material into the hopper was found covered from top & 03 Sides.
iv. At End points of conveyer belts to control dust emission water sprinkling mechanism was found established. During inspection to control dust emission waster sprinkling mechanism was found established.
v. Inside the premises of Stone Crusher Unit, metallic/Concrete Road was found established to reduce vehicular dust emission generated during movement of vehicles.
vi. Regarding status of metallic road/concrete road during inspection, it was found that approach road constructed was found metallic/concrete road. Along Ramp RCC road was found constructed.
vii. Dug was found covered on top and along 03 sides with metallic sheet.
viii. Green belt in 03 Row Plantation was found along the Boundaries of the Unit.
ix. Anti-smog gun was also found established to control fugitive dust emission generated during vehicular movement and during loading/unloading of Raw material.
x. As a wind breaking wall along 04 Sides tin sheet boundary wall was found established.
24
10. That reply in compliance of letter dated 13.10.2025 issued by UPPCB has been submitted by representative of above unit vide letter dated 17.10.2025 along with a copy of compliance status of CTO issued and copy of Health Check-up report of Staff of Stone Crusher Unit. A copy of reply letter dated 17.10.2025 is being annexed as Annexure No.3."
31. In the course of hearing, learned counsel for respondent no. 1- project proponent sought time to file additional affidavit giving requisite details regarding compliance with the aspects of installation of borewell and obtaining of permission for the same from UP Ground Water Authority with requisite details regarding supplier, quantity purchased and used etc., installation of cameras, development of three rows green belt, installation of wind breaking walls of appropriate height with mention of requisite particulars regarding height, length and width and source of the mined material used with copies of relevant statements and audit report, if any, audit is conducted. Vide order dated 10.12.2025 respondent no. 1 was granted two weeks time to file additional affidavit along with supporting photographs/videos and other supporting documents. Additional affidavit dated 11.01.2026 filed by respondent no.1
32. In compliance of order dated 10.12.2025 additional affidavit dated 11.01.2026 (Pages no. 294 to 351 of the paper book) filed by respondent no.1 vide email dated 12.01.2026. The relevant part of the affidavit reads as under:-
"ADDITIONAL AFFIDAVIT ON BEHALF OF RESPONDENT NO. 1 (PNC INFRATECH LTD. / NOW AHVS INFRA LLP) PURSUANT TO ORDER DATED 10.12.2025.
1. That this Additional Affidavit is being filed in compliance with the directions issued by this Hon'ble Tribunal vide Order dt. 10.12.2025, wherein Respondent No. 1 was directed to place on record requisite details regarding:
a. Installation of borewell and permissions from UP Ground Water Authority.
b. Installation of CCTV cameras.25
c. Development of a three-row green belt.
d. Installation of wind-breaking walls (with dimensions). e. Source of mined material used.
f. Audit Report (if any conducted)
2. CHANGE OF OWNERSHIP.
It is submitted that the Stone Crusher Unit located at Arazi No. 57, Village-Sonpur, Pargana-Bhagwat, Tehsil-Chunar, District- Mirzapur (U.P.) was previously established and operating under the name of M/s PNC Infratech Limited and whereas, following the purchase of the said crusher plant machinery and land, a representation accompanied by a notarized affidavit dated 04.07.2024 was submitted by Mr. Anuj Jain, Partner of M/s AHVS Infra LLP, requesting a formal change of name in the records and whereas the U.P. Pollution Control Board (Regional Office, Sonbhadra), vide its letter reference No. G682/C- 21/MZP/2024 dated 09.07.2024, accepted the said request and amended the previous Consent to Operate (Online Ref No. 159294/UPPCB... dated 11.07.2022) to stand in favour of M/s AHVS Infra LLP. A copy of the UPPCB letter dt. 09.07.2024 is annexed herewith as ANNEXURE R-1.
3. INSTALLATION OF BOREWELL AND PERMISSIONS FROM UP GROUND WATER AUTHORITY.
It is respectfully submitted that the borewell was installed on the site after obtaining the NOC. A valid No-Objection Certificate (NOC) bearing Authorization No. NOC014331 from the Ground Water Department, Ministry of Jal Shakti, Government of Uttar Pradesh, which remains effective from 28.06.2023 to 27.06.2028. Furthermore, a digital water flow meter has been installed and calibrated to accurately monitor water abstraction, with its installation and functionality verified on 21.06.2023. The permitted annual withdrawal for industrial use, as per the NOC, is 13,500 m³/year, and we strictly adhere to this limit. A true copies of the Ground Water NOC and the Flow Meter Installation Report are collectively annexed hereto and marked as Annexure R-2 (Colly).
4. INSTALLATION OF CCTV CAMERAS.
It is respectfully submitted that the Respondent No. 1 has not installed any CCTV cameras in stone crushing unit.
5. DEVELOPMENT OF GREEN BELT (THREE ROWS).
It is respectfully submitted that the Respondent has developed a green belt comprising three rows of trees around the periphery of the unit to mitigate dust and noise pollution. The Respondent has procured and planted various species of trees including Chitwan, Kadamb, Maulsari, Amla, and Mango. A true copy of the purchase bills from Indian Nursery and Maurya Kisan Paudhshala (dated 28.12.2023, 28.02.2024, etc.) evidencing the purchase of saplings is annexed hereto as Annexure R-3 (Colly).
Soil Fertility Constraints and Adaptive Measures: It is respectfully submitted that the unit is located in a region characterized by low soil fertility index, shallow topsoil depth (average 15-20 cm), and high calcareous content, which naturally constrains the growth rate and ultimate canopy size of 26 the planted saplings. Despite these inherent limitations, Respondent has undertaken scientifically recommended soil amendment measures including application of organic compost, vermicompost, and mycorrhizal inoculants to enhance root establishment and vegetative growth. A true copy of the photographs demonstrating the three-row plantation status is annexed herewith as Annexure R-4.
Maintenance Protocol: Regular watering through drip irrigation, quarterly fertilization, and pest management are being conducted under supervision of a qualified horticulturist.
6. INSTALLATION OF WIND BREAKING WALLS.
It is respectfully submitted that the Respondent has installed Wind Breaking Walls of appropriate dimensions. The walls have been constructed using heavy- duty structural steel, specifically MS Channels and MS Angles, and covered with GC Sheets. The installed wall has a height of 12 feet, a length of 400 meters, and a width of 200 meters, with a sheet thickness of 0.50 mm. These measures are sufficient to prevent the dispersion of dust particles. A true copy of the invoices from Tata Iron Stores dt. 27.06.2023 & 28.07.2023 evidencing the purchase of these materials is annexed herewith as Annexure R-5. A true copy of the photographs of the Wind Breaking Walls is annexed hereto as Annexure R-6.
7. SOURCE OF MINED MATERIAL.
It is respectfully submitted that the Respondent procures mined material (Boulders) from vendors. The primary source of the mined material used by the unit is M/s Aneja Infratech, located at Ramaipatti, Mirzapur (GSTIN: 09ABFFA7490Q1ZM). The material is purchased against proper Tax Invoices, copies of which ranging from the period September 2021 to March 2024. These documents evidence the legitimate procurement of raw material (Boulders) for the crushing unit. A true copy of the invoices is annexed herewith as Annexure R-7.
8. AUDIT REPORT.
It is respectfully submitted that there was no audit report conducted."
33. Vide order dated 17.01.2026 the applicant and other respondents were given opportunity to file brief notes.
34. In compliance thereof written submissions dated 17.01.2026 (Pages no. 352 to 355 of the paper book) has been filed by respondent no. 1- Project Proponent. The relevant part of the written submissions reads as under:-
"WRITTEN SUBMISSIONS ON BEHALF OF THE RESPONDENT NO.1 (PNC INFRATEC LTD. NOW AHVS INFRA LLP) 27 X X X X
1. The stone crusher unit of Respondent No. 1 (formerly M/s PNC Infratech Ltd., now M/s A.H.V.S. Infra L.L.P.) has been in operation at least since July 2022, as evidenced by the UPPCB inspection report dated 04.07.2022 (Reference Affidavit dt. 22.08.2025 Annexure 6 Page 148).
2. The Uttar Pradesh Pollution Control Board (UPPCB), the statutory regulatory authority, has conducted multiple inspections of the stone crusher unit of Respondent No. 1 and has consistently found full compliance with the Consent to Operate (CTO) conditions as well as the guidelines issued by CPCB and UPPCB for dust and air pollution control in stone crushers.
3. CONSISTENT COMPLIANCE CONFIRMED BY JOINT INSPECTIONS:
o In every report and affidavit filed by UPPCB before this Hon'ble Tribunal (from May 2024 to October 2025), the Board has confirmed that all required pollution control measures -- including closed enclosures, covered conveyor belts, water sprinklers, smog guns, wind-breaking walls, telescopic chutes, etc. -- are installed and operational. Green belt development, metalled roads and other stipulated conditions have also been verified as complied with in successive inspections.
o In the latest inspection dated 17.10.2025, the unit was found to be fully compliant with all pollution control norms. The specific deficiency regarding the covering of the unloading point (which was noted in earlier visits) has been rectified, and it is now covered from the top and three sides (Reference: Affidavit dated 28.10.2025, ).
4. VALID CONSENT TO OPERATE:
o The unit possesses a valid Consolidated Consent to Operate (CTO) for both Air and Water, valid up to 31.07.2026 (Reference: Affidavit dated 22.08.2025, Annexure-6 Page No.
147).
5. PROACTIVE ENVIRONMENTAL & HEALTH MEASURES:
Green Belt: The Respondent has developed a green belt with a 3-row plantation along the boundary. In March 2025, it was verified that 1200 plants (Ashok, Jamun, Sagaun, etc.) were planted on approx. 0.40 Ha (Reference: Affidavit dated 29.03.2025, Pg. 45 para vi).
Health Check-ups: In compliance with the Hon'ble Tribunal's directions, the Respondent has conducted medical health check- ups for 13 staff members/workers. The reports (CBC, LFT, KFT, Audiometry, etc.) have been placed on record (Reference:
Affidavit dated 28.10.2025, Annexure-3).28
The following table summarizes the findings from all affidavits filed by the UPPCB, confirming consistent compliance with specific environmental parameters.
Affidavit Inspection Wind Sprinkle Covered Unloadi Metalle Green Health Overall Refer Date Date Breaking rs Belts / ng d Belt Checku Status to-
Wall? / Anti- Enclosu Point Roads? Plantati ps?
Smog res? Covere on?
Gun? d?
04.05.2024 08.02.202 YES YES YES YES - - - Complia Page-
4 (12ft) (Chutes nt 1495
)
09.11.2024 05.11.202 - YES YES - YES YES - Complia Annexur
4 (Partial) nt e-3
Page-
31
29.03.2025 21.03.202 - YES YES - YES YES - Complia Page 46
5 (1.5km) (1200 nt
Trees)
22.08.2025 18.08.202 YES YES YES YES (3 YES YES - Complia Annexur
5 Sides) nt e2
and 3
from
Page
108 to
121.
28.10.2025 17.10.202 YES YES YES YES YES YES YES (13 Fully Page15
5 (Top+3 Staff) Complia 9 to 161.
Sides) nt
In 4 out of the 5 recent inspections (09.11.24, 29.03.25, 22.08.25, 28.10.25), the unit was found non-operational. This proves the Respondent is not running the unit relentlessly or illegally, but strictly as per project demand.
6. REVOCATION OF SHOW CAUSE NOTICE:
o That the State Board had issued a Show Cause Notice in January 2024. However, following a compliance verification visit on 08.02.2024, wherein the unit was found to have installed wind-breaking walls, sprinklers, and covered belts, the Show Cause Notice was revoked on 01.03.2024. This demonstrates the Respondent's bona fide intent to comply with regulations (Reference: Status Report dated 04.05.2024, Pg. 2).
7. FINANCIAL LIABILITY DISCHARGED:
a. The Environmental Compensation (EC) of Rs. 7,06,250/-, as imposed by the authorities, has been fully deposited by the Respondent on 20.03.2024. Furthermore, a Bank Guarantee of Rs. 50,000/- has also been submitted to ensure continued compliance (Reference: Affidavit dated 09.11.2024, Annexure-4, Pg. 34).
8. It is submitted that in environmental adjudication the directions issued must be proportionate to the violation and the present record does not justify punitive/closure-type directions. The UPPCB has verified dust mitigation measures (covering of 29 emission points, sprinkling, anti-smog gun, metalled road, wind breaking arrangements) and green belt, and has further recorded that the unit was found non-operational during inspection. In such circumstances, the appropriate course is not coercive action, but at best a direction for continued periodic monitoring.
9. In light of the above, it is humble submitted that the Respondent No. 1 is a compliant entity operating a temporary unit for a public infrastructure project. All directions of this Hon'ble Tribunal and the State Board have been complied with."
35. We have heard the applicant in person and Mr. Ajit Sharma, Mr. Kanchan Kumar, Mr. Lareb Habib Ansari, Mr. Yuvraj Singh, Mr. Anant Ram Mishra, learned Counsels for respondent no. 1. Mr. Gi. GI. C. George and Mr. Sunil Kumar, learned Counsels for respondent no. 2 and 3. Mr. Pradeep Misra and Mr. Daleep Dhyani, learned Counsels for respondent no. 4.
36. In their submissions, the applicant and learned Counsels for the respondents have reiterated the factual and legal submission made in the application filed by the applicant and replies/reports filed by the respondents respectively.
About Stone Crusher
37. Stone crushing sector is an important industrial sector engaged in producing crushed stone of various sizes (40 mm.20 mm.10 mm. crushed sand, stone dust etc.) depending upon the requirement which acts as raw material for various construction activities. Stone crushing operation releases a substantial amount of fugitive dust, which not only pollute the environment, but also pose a health hazards to the workers and the surrounding population. The growth in infrastructure is leading to increase in demand of raw materials, thereby resulting in the need to set up new stone crushing units or increase production from existing units. This poses a challenge to maintain the ambient air quality, which is possible if environmental guidelines predetermined by the industry 30 concerned are followed. (Reference- 'Introduction' in 'Environment Guidelines for Stone Crushing Units' issued by CPCB in July 2023). Environmental Guidelines for stone crushing units issued on 10.02.2022 by UPPCB
38. The UPPCB has issued Environmental Guidelines for Stone Crushing Units vide letter dated 10.02.2022. The Guidelines read as under:-
"1. रयष्ट्रीर्/रयज्र् मयगा की सडक के मध्र् से कम से कम 250 मीटर तथय अन्र् मयगों (मुख्र् जजलय मयगा/अन्र् जजलय मयगा) की सडक के मध्र् से कम से कम 100 मीटर दरू इकयई को स्थयपपत ककर्य जयएगय।
2. आबयदी/सयवाजधनक स्थल / िैक्षजणक संस्थयन/अस्पतयल / ियधमाक स्थल से न्र्ूनतम दरू ी 500 मीटर रखी जयए। इकयई से 500 मीटर की पत्रज्र्य में जस्थत न्र्ूनतम 20 प्के अथवय कच्चे मकयनों को ही आबयदी मयनय जयएगय।
3. भयरतीर् रे ल की भूधम सीमय से इकयई की दरू ी कम से कम 150 मीटर रखी जयए।
4. इकयई की आम के बगीचे / धमधश्रत फलों (आम और अन्र्) बगीचों (जजसमें कम से कम 100 फलदयर वृक्ष हो) संर्ुक्त नसारी के ककनयरे से दरू रर्यं प्रत्र्ेक दिय में 500 मीटर से कम नहीं होंगी। उजललजखत दरू रर्यं फल के प्रकयर जजसकय एकल अथवय सयमूकहक क्षेत्रफल 25 एकड से कम न हो पर धनरपेक्ष रूप से लयगू होंगी।
5. स्टोन ििर की स्थयपनय हे तु इस गयइर्लयइन के उपरोक्त िम संख्र्य-1, 2, 3 एवं 4 पर उजललजखत त्र्ों की दरू रर्ों के संबंि में रयजस्व पवभयग, उ.प्र. के संबधं ित क्षेत्र के कम से कम तहसीलदयर स्तर के अधिकयरी से स्थल के भू-स्वयधमत्व के दृपिकोण से न्िे कय सत्र्यपन करयते हुए सवे, पैमयईि, वैज्ञयधनक तरीकों (र्थय जी. पी. एरय./गूगल मयनधचत्र आकद पवधिर्ों) द्वयरय दरू रर्ों कय सत्र्यपन क्षेत्रीर् कयर्यालर् के स्तर से करयर्य जयए तथय इस प्रकयर सत्र्यपपत प्रमयजणक दरू ी प्रमयण पत्र ही मयन्र् होगय।
6. मय० सवोच्च न्र्यर्यलर् द्वयरय ररट र्यधचकय संख्र्य-I.A. No. 1598-1600 in W.P.C 202 of 1995 में कदनयंक - 04.08.2006 को पयररत आदे ि के अनुसयर रयष्ट्रीर् उद्ययन एवं अन्र् प्रयजण पवहयर तथय वन क्षेत्र से 1.0 कक.मी. की दरू ी को Safety Zone माना गया है व इस Safety Zone के अन्दर इकाई की स्थापना प्रतिवन्धिि है । इस संबंध में वन तवभाग द्वारा लगाया गया प्रतिबि लागू होगा।
7. भारि सरकार के पत्र तिनांक 02.12.2009 द्वारा इको सेन्धितिव जोन घोतिि करने संबंधी गाइडलाइन अथवा उ.प्र. राज्य में या उ.प्र. राज्य से सिे राज्यों में वन क्षेत्र एवं अभ्यारण्य को इको सेन्धितिय जोन घोतिि तकये जाने की िशा में िथा उक्त इको सेन्धितिव जोन का कुछ तहस्सा उ.प्र. राज्य की सीमा में आिा है िो राष्ट्रीय वन क्षेत्र एवं अभ्यारण्य के प्रतिबिों का अक्षरशः अनुपालन इकाई द्वारा तकया जाएगा।
8. इस गाइडलाइन के उपरोक्त क्रम संख्या 6 एवं 7 पर उन्धिन्धिि िथ्ों की िू ररयों के संबंध में प्रभागीय वनातधकारी से सवे, पैमाईश, वैज्ञातनक िरीकों (यथा जी.पी.एस./ गूगल मानतित्र आति तवतधयों) द्वारा िू ररयों का सत्यापन करिे हुए प्रमातिक िू री प्रमाि पत्र ही मान्य होंगे एवं वन तवभाग के सुसंगि प्रतिबि लागू होंगे।
9. इकाई निी फ्ल्ड जोन एररया से कम से कम 500 मीिर िू र होना िातहए, तजससे इकाईयों द्वारा ितनज अवैध रूप से प्राप्त कर अथवा अवैध िनन कर उपयोग तकये 31 जाने की संभावना न हो। इसका सत्यापन तसंिाई एवं जल संसाधन तवभाग के प्रातधकृि अतधकारी द्वारा तकया जाएगा।
10. इकाई में मुख्य प्लाण्ट एवं मशीनरी िार िीवारी से न्यूनिम 30 मीिर िू र स्थातपि करना, वायु प्रिू िि तनयंत्रि हे िु तनयमानुसार उपयुक्त व्यवस्था, कच्चे माल एवं उत्पाि के भण्डारि करने के तलये पयाा प्त भूतम की व्यवस्था आवश्यक होगी। प्लाण्ट को स्थातपि करने के तलये न्यूनिम 1.0 है क्टेयर भूतम आवश्यक होगी।
11. इकाई की स्थापना हेिु पयाावरिीय दृतष्ट् से स्थापना हेिु सहमति (CTE) से पूवा प्रस्तातवि इकाई को कच्चे माल की उपलब्धिा के संबंध में िनन तवभाग के सक्षम अतधकारी से अनापति / क्लीयरे ि प्राप्त कर, प्रस्तुि करना अतनवाया होगा।
12. धूल के किों का उत्सजान रोकने की तवतध (Dust Extractors) या धूल के किों को हवा में उड़ने से रोक की तवतध (Water Sprinklers) एवं यथासम्भव कवडा करने की व्यवस्था इकाई द्वारा की जाएगी।
13. इकाई के अंिर के सभी मागा पक्के (Metalled/Cement Concrete) करने होंगे।
14. इकाई की सीमा के अंिर सम्पूिा क्षेत्र में धूल को हिाने की व्यवस्था िथा भूतम पर पानी का तनयतमि तछड़काव तकये जाने की व्यवस्था करनी होगी, तजससे धूल के कि हवा में न उड़ सकें।
15. इकाई के िारों िरफ कम से कम 33 प्रतिशि भू-भाग पर धूल किों को रोकने वाली प्रजातियों के पेड़ की हररि पट्टी का तवकास कर उसको संरतक्षि करना होगा एवं इसके संबंध में लेआउि प्लान बोडा में जमा करना होगा िथा हररि पतट्टका का तवकास करने की कयर्ावयही स्थयपनयथा सहमधत प्रयप्त करने के उपरयन्त 6 मयह में पूरी करनी होगी।
16. िूल एवं ध्वधन प्रदि ू ण के धनर्ंत्रण में उपर्ोग होने वयली पवधिर्ों एवं उपकरण इकयई मयधलक द्वयरय अपने स्वर्ं के खचा पर स्थयपपत करने होंगे। िूल एवं ध्वधन प्रदि ू ण के धनर्ंत्रण पवधिर्ों को इकयई में अनवरत कयर्ारत रखने की जजम्मेदयरी इकयई स्वयमी की होगी।
17. ऐसे स्टोन ििर इकयईर्ों, जो कक नवीन गयइर्लयइन के लयगू होने के उपरयन्त स्थयपपत की जयर्ेंगी, उनके द्वयरय उद्योग पररसर के चयरों ओर लघु श्रेणी के स्टोन ििर ईकयईर्ो हे तू न्र्ूनतम 5 मीटर ऊंची तथय मध्र्ग एवं बृहद श्रेणी की स्टोन ििर ईकयईर्ों हे तु न्र्ूनतम 6 मीटर ऊंची पवन्र् ब्रेककंगवयल कय धनमयाण ककर्य जयनय अधनवयर्ा होगय। पवण्र् ब्रेककंग बयल सबसे ऊंची कन्वेर्र बेलट से न्र्ूनतम 1 मीटर ऊंची होगी। पवण्र् ब्रेककंग वयल के रूप में जी.आई. िीट/अन्र् बैररकेकटं ग व्र्वस्थय के सयथ नटबोलट से टयइट न्र्ूनतम 08 एम.एम. मोटी टीन की चयदर ही मयन्र् होगी।
18. ककत्ती भी स्थयन पर भण्र्यररत पदयथा (कच्चय मयल/उत्पयकदत मयल) की अधिकतम ऊंचयई पवण्र् ब्रेककंग वयल की ऊंचयई से 1.5 मीटर कम रखय जयनय सुधनजित ककर्य जयएगय।
19. इस गाईडलाइन के लागू होने के पूवा से स्थातपि इकाई तजसे तवगि विों में राज्य बोडा से स्थापनाथा अथवा संिालनाथा सहमति प्राप्त थी, परन्तु वह इस गाईडलाइन के अनुसार मानकों के अनुरूप न हो, उसे मानक के अनुरूप स्थल पर स्थानान्तरि (तशफ्ट) तकये जाने हे िु अतधकिम 2 विा की छूि रहे गी।
परन्तु ऐसी इकाई जो इस गाईडलाइन के अनुरूप नहीं है एवं उसे तवगि विों में राज्य बोडा से स्थापनाथा अथवा संिालनाथा सहमति प्राप्त नहीं थी को ित्काल प्रभाव से बन्द कराया जाएगा।
नोिः - इस गाईडलाइन में वजणात दरू रर्ों कय आंकलन एररर्ल कर्स्टे न्स द्वयरय ककर्य जयएगय।32
Environmental Guidelines for stone crushing units issued in July 2023 by CPCB
39. The CPCB has issued Environmental Guidelines for Stone Crushing units in July 2023 enumerating the following Environmental Guidelines for Stone Crushing Units:-
"5.0 Environmental Guidelines for Stone Crushing Units The stone crushing units should adopt following environmental guidelines to prevent/suppress fugitive dust emissions from their operation:
Source of emission Measures to be Taken
Unloading of raw • Water sprinkling with adequately designed
material for storage nozzle which produce tiny droplets of water
should be provided during raw materials
unloading .
Unloading of raw • Three sides and top should be covered and one
material into hopper side may be kept open for vehicular
movement.
• Water sprinklers should be provided on
approach roads.
Primary Crushing/ Jaw • Crusher should be completely enclosed by
Crusher 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.
• Primary crushers/jaw crushers should be covered with tarpaulin/cotton cloth/suitable materials to contain fugitive dust emissions (Figure-1) • Water sprinkler system with adequately designed nozzle which produce tiny droplets of water should be provided at primary crusher/jaw crusher so that fugitive emissions are contained and amount of water sprayed should be optimized.
Secondary Crushing • Crusher should 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.
• Dry extraction cum bag filter followed by cyclone to be provided for control of emissions.33
Screening • Crusher should 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. Door to be kept closed during operation.
• Flexible covers where conveyors pass through the screen house should be installed at entries and exits of conveyors to screen house.
• Dust extraction system connected with bag filter to be provided.
• Provision of water mist sprinkling systems with adequately designed nozzle which produce tiny droplets of water should be made at inlet/outlet of screens.
Tertiary Crushing • Crusher should 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. Dust extraction system connected with bag filter to be provided.
• Provision of water mist sprinkling system should be made with adequately designed nozzle which produce tiny droplets of water.
Conveyor Belts • Conveyor belts should be properly covered from node to node with a thick sheet of suitable material along with water sprinkling system with adequately designed nozzle which produce tiny droplets of water.
Discharge Points • Flexible Telescopic chute from top of discharge point to the ground level should be provided (Figure-2 & Figure-2(a)).
Product Storage • Properly designed telescopic chute of adequate length of suitable material should be provided at ends of conveyor so that dust generated from this section is contained at source.
• All open stockpiles for aggregates of size above 5 mm should be kept sufficiently wet by water spraying.
• Stockpiles of aggregates of 5 mm size or less should be covered to ensure that same is not carried away (or whipped out) by wind.
5.1 General Measures i. Wind breaking wall: GI/MS/brick wall should be provided along the periphery of crusher. Height of the wall should be 3-ft more than the highest node of the crusher.
ii. Roads: Metaled/concrete roads should be provided within the premises. Ramps and the entire ground area inside the premises should also be metaled.
iii. Housekeeping: To curb the air pollution in the crusher premises, arrangement of rotating water sprinkling system/fogger/Anti-smog 34 gun should be provided. Water sprinklers should have adequately designed nozzle which produce tiny droplets of water, as such system is more effective in dust control with significant reduction in consumption of water. Fine dust accumulated and bag filters in the crushing area should be cleaned at regular intervals and the collected dust should be stored in sacks for further sale or disposal. iv. Plantation: 2-3 rows of tall trees should be planted around the periphery of crusher.
v. Housing should be open for movement of mechanical drivers, conveyor belts, etc. should be sealed properly with flexible rubber flaps.
vi. Name of the unit, contact details of the owner and address of the unit, plant capacity and date of issue of CTE/CTO from SPCBs/PCCs should be displayed on the display board at the entrance.
vii. Transportation: Vehicles carrying any kind of material should be completely covered.
viii. Regular wetting of roads should be done to suppress dust within the premises to control dust emission re-suspension. ix. Water consumption and handling: Unit should provide settling tanks of appropriate size and recycle & reuse of the water in process. Crusher should provide a water storage tank with adequate capacity. In case of use of groundwater, stone crushing unit should obtain permission to extract groundwater from the Central Ground Water Authority (CGWA)/Ground Water Department (GWD) of the State/UT. Unit should maintain proper log book 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."
40. The CPCB has also laid down the regulatory/monitoring mechanism for Stone Crushing Units which reads as under:-
"6.0 Regulatory/Monitoring Mechanism for Stone Crushing Unit i. Stone crushing unit should obtain Consent to Establish (CTE) and Consent to Operate (CTO) from the concerned SPCBs/PCCs.
ii. Unit while applying for CTO/renewal of consent, should upload the duly filled checklist attached at Annexure-1 along with digitally tagged photographs and videos of the crushing unit to ensure compliance of the conditions mentioned in the guidelines. SPCBs/PCCs should digitally verify the said conditions before issuance of CTE/CTO/renewal of consent. 35 iii. CCTV/PTZ cameras should be installed at the entrance and all corners of the premises of the unit covering entire area with minimum of 30 days data storage.
iv. Stone crushing unit shall comply with emission norms prescribed under the Environment (Protection) Rules, 1986 and conditions laid down in CTO by concerned SPCB/PCC. v. Online/manual ambient air monitoring systems to be installed in crusher zone as per CPCB/SPCB guidelines - in upwind and downwind directions.
vi. Stone crushing unit should develop green belt as per the plan approved by concerned Department of the State/UT. vii. Local authorities should associate with stone crusher associations for the construction of metalled road in the entire crusher zone.
viii. A District Level Committee should be constituted under chairmanship of District Magistrate/Deputy Commissioner so that surprise inspections for surveillance of stone crushing units located under their jurisdiction can be carried out on regular basis.
ix. Health survey of workers should be carried out by the stone crusher on half-yearly basis.
x. New Crushers should be allowed to operate only in dedicated crusher zones as per the siting policies of SPCBs/PCCs.
xi. Stone crusher unit should be operated only during day time (i.e. 6.00 AM to 10.00 PM) to avoid inconvenience to the nearby residents due to ambient noise.
41. The CPCB has also prepared format/checklist for use by SPCBs/PCCs for verifying compliance by the concerned Project Proponent for issuance of CTE and CTO. The relevant part of the format/checklist is reproduced as under:-
"
S. Fugitive Emission Checklist for Yes/No
No. Source Locations compliance of
conditions of
Environmental
guidelines
36
1. Unloading area of Water sprinklers
raw material primary installed with
crusher, Screener, adequate designed
conveyors belts and nozzles (Upload
transfer points photo/videos).
2. Primary crushers, Enclosures by GI/MS
Secondary crushers, sheets on top and at
Screeners and least three sides
tertiary crushers completely from the
ground level (Upload
photo/videos).
3. Secondary. Tertiary Dry extraction cum
crushers and bag filter followed by
Screener cyclone. (Upload
photo).
4. Covering of Conveyor Covering of Conveyor
belts from node to belts (Upload photo).
node with a thick
sheet of suitable
material
4 At discharge points Flexible Telescopic
chute from top of
discharge point to
the ground level
(Upload photo).
5 GI/MS/brick wind Wind breaking wall
breaking wall of 3-ft (Upload photo)
more than the
highest node of the
crusher along the
periphery of crusher
General
6. Wind breaking wall GI/MS/brick wind
breaking wall of 3-ft
more than the
highest node of the
crusher along the
periphery of crusher
(Upload photo)
7. Roads Metalled/concrete
roads within the
premises. Ramps and
the entire ground
area inside the
premises should also
be metalled
8 Suppression of dust Arrangement of
within the premises rotating water
sprinkling
system/fogger/Anti-
smog gun in the
37
premises to suppress
dust within the
premises to control
dust emission re
suspension
9 Green belt Plantation of 2-3
rows of tall trees
around the periphery
of crusher
9 Display board Display board at the
entrance, having
name of unit, contact
details of owner and
address of unit, plant
capacity and date of
issue of CTE/CTO
from SPCB/PCC
10 Covering of vehicles Covering of vehicles
carrying any kind of
material .
11 CCTV/PTZ camera CCTV/PTZ cameras
installed at the
entrance and all
corners of the
premises of the unit
covering entire area
with minimum of 30
days data storage
12 Photos/videos Upload
photographs/videos
ensuring compliance
of all conditions as
mentioned in the
guidelines while
applying CTE/CTO/
Renewal
"
42. It may be observed that the Guidelines issued by CPCB and UPPCB have been issued in exercise of statutory powers conferred on them. CPCB Guidelines are binding on all SPCBs/UTPCCs, all concerned authorities/concerned officers and the concerned project proponents all over India while UPPCB Guidelines are binding on all concerned authorities/concerned officers and project proponents in the State of Uttar Pradesh.
43. UPPCB has issued environmental guidelines for stone crushing units vide letter dated 10.02.2022 and CPCB has issued environmental 38 guidelines for stone crushing units in July 2023. The guidelines issued by UPPCB require a minimum of 1.0 hectare of land for setting up a stone crushing unit and prescribe the location criteria for stone crushing units inter alia, requiring a minimum distance of 500 meters from abadi and 01 kilometer from forest land. The guidelines make detailed provisions regarding installation of air pollution control equipments/devices, erection of wind breaking wall, providing of metalled/cement concrete roads within the stone crusher premises and raising of green belt in 33 % of the land area of the stone crusher. The guidelines also mandate relocation of stone crusher not meeting location criteria within two years. CPCB guidelines, inter alia, require plantation of two/three rows of tall trees around the periphery of the stone crusher, installation of a display of board at the entrance of the stone crusher with requisite information regarding water consumption, obtaining permission for abstraction of groundwater from Groundwater Authority/ Department, installation of CCTVs and PTZ cameras at the entrance and all corners of the premises of the unit covering the entire area with a minimum of 30 days data storage and uploading digitally tagged photographs and videos of the crushing unit by the project proponent.
44. It may be observed here that, in the present case respondent no. 1 had applied for grant of CTO vide application dated 24.06.2022 (copy at pages no. 52 to 59 of the paper book), and on the basis of inspection report dated 08.07.2022 (copy at pages no. 60 to 61 of the paper book), UPPCB granted a CTO dated 11.07.2022 valid up to 31.07.2026 (copy at pages no.
62 to 67 of the paper book). It may be mentioned here that in the inspection report dated 08.07.2022 reference was made to revocation of closure order issued earlier against respondent no. 1. By above said CTO, respondent no. 1 was allowed to operate subject to compliance with the specific 39 conditions mentioned therein. However, it appears that compliance with the conditions imposed vide CTO dated 11.07.2022 was not subsequently verified by UPPCB. The Joint Committee constituted by this Tribunal had mentioned in report dated 06.07.2023 that the plant and machinery of the stone crusher industry were not fully covered; adequate water sprinkling system was not installed to control fugitive dust emission; only partially open metal sheet barricading of approximate 10 feet height was found and a wind-breaking wall of 12 feet height was not found; proper green belt was not found to have been developed in the stone crusher; a metalled road was not found to have been constructed inside the premises of the stone crusher and the stone crusher was being operated without proper air pollution control systems and the Joint Committee recommended revocation of CTO and issuance of a closure order.
45. Respondent no. 1 filed an affidavit dated 30.01.2024 asserting compliance and the Regional Officer, UPPCB, Sonbhadra verified compliance status by making a field visit on 08.02.2024. The Regional Officer, UPPCB, Sonbhadra found that respondent no. 1 had installed the requisite air control devices and water sprinklers, provided a smoke gun, separate electricity meter and an electromagnetic flow meter for water consumption and mentioned that part of the metalled/cemented road was found but the remaining part could not be verified due to the accumulation of dust and that the project proponent had carried out some plantation and sought time for development of green belt and the Regional Officer, UPPCB, Sonbhadra recommended revocation of show cause notice dated 12.01.2024 subject to compliance with conditions mentioned therein.
46. Pursuant to the direction for filing a verification report, UPPCB filed report dated 07.03.2024 stating that respondent no. 1 was found to be 40 compliant and had been allowed to continue to operate. Pursuant to order dated 25.04.2024, UPPCB filed a status report dated 04.05.2024 in a vague manner by simply replying in affirmative with respect to the 7 aspects noticed therein. This Tribunal made detailed observations with respect to the CPCB and UPPCB Guidelines and the relevant aspects noted therein. This Tribunal considered the report on 11.02.2025 and observed that the information as directed by this Tribunal regarding compliance with CPCB and UPPCB Guidelines have not been given and standard stereotyped inspection report has been filed and even said report disclosed non-compliance with the environmental norms in regard to construction of metalled road. Vide order dated 11.02.2025, UPPCB was directed to file an additional response, and additional response dated 29.03.2025 filed by UPPCB was considered by this Tribunal on 21.07.2025. This Tribunal found that the report had been filed by UPPCB in the same stereotyped manner and the report was materially deficient as the status of compliance with respect to each of the Guidelines issued by CPCB and UPPCB in respect of the stone crushers had not been mentioned in tabular form or format prescribed by CPCB and supporting photographs and videoclips substantiating compliance status had not been filed. Pursuant to the order dated 21.07.2025, additional report dated 22.08.2025 was filed by UPPCB. Vide order dated 25.08.2025 UPPCB was directed to issue appropriate directions to the Project Proponent to ensure compliance. In compliance thereof affidavit dated 28.05.2025 was filed by UPPCB mentioning that directions were issued to respondent no. 1 vide letter dated 13.10.2025 and respondent no. 1 submitted a letter dated 17.10.2025 alongwith compliance status of CTO and a copy of the health check-up report of the staff of the stone crusher. However, it may be observed here that despite orders passed by this Tribunal directions were 41 issued by UPPCB to respondent no. 1-stone crusher in general terms regarding compliance with guidelines/CTO conditions and not with reference to specific deficiencies in such compliance as noticed by this Tribunal also in the course of hearing of this case.
47. In cases pertaining to stone crushers coming up before this Tribunal, we have noticed that the Regional Officer of the concerned regional offices of UPPCB submit standard stereotyped inspection reports with vague and incomplete information and describe the concerned project proponent to be compliant or non-complaint with CTO conditions and environmental norms without looking into all relevant aspects and without enclosing relevant material in support of the factual observations made in the inspection reports. Apart from the above, we have also noticed submission of inspection reports with contradictory findings at different points of time in the same case. It may be observed here that the compliances required to be made by the project proponent in compliance to CPCB and UPPCB Guidelines referred to above and CTE and CTO conditions imposed by UPPCB have such physical properties which cannot change overnight and this holds true largely in respect of metalled road, boundary walls, green belt. Despite such confines of facts, we find the Regional Officers of UPPCB to be so innovative that they grant Consent to Operate by describing the project proponent to be compliant with respect to metalled road, boundary walls, green belt and subsequently issue show-
cause notices for revocation of Consent to Operate or issue closure orders on the ground of non-compliance in respect thereof. We are of the considered view that such contradiction in working has no valid reason/justification and gives rise to the only inescapable conclusion of the same being prompted by extraneous considerations.42
48. In the present case, we have mentioned the requirements of the Guidelines, highlighted the deficiencies mentioned in the inspection reports filed before this Tribunal and even deprecated stereotyped reports and repeatedly given directions specifically requiring the filing of inspection report in respect of all aspects mentioned in the Guidelines issued by CPCB and UPPCB, yet all the aspects have not been covered in the subsequent reports filed before this Tribunal.
49. We have found that in many inspection reports filed by UPPCB with regard to stone crushers the year of establishment of stone crusher is not mentioned. The details of NoCs issued by concerned authorities and CTE granted by UPPCB are not given. The area of stone crusher and also compliance status regarding siting criteria are not mentioned. The status with regard to compliance with all aspects of CPCB and UPPCB guidelines is not mentioned. Vague reports particularly regarding metalled/concrete road and green belt are submitted without specifically mentioning as to whether there was requisite compliance with the same or not. Particulars regarding area of greenbelt, nature and number of the plants, plantation being in two-three rows and adequacy thereof are not mentioned. While mentioning compliance status regarding wind breaking walls height and length of the wind breaking walls is not mentioned.
50. It may be added here that this Tribunal asked UPPCB to file a compliance status verification report in respect of respondent no. 1-stone crusher but despite making of more than five inspections and filing of more than five reports all the aspects of compliance with CPCB and UPPCB Guidelines and environmental norms have not been looked into, verified and mentioned in the inspection reports. It may be mentioned that UPPCB has not mentioned in any of the inspection report as to whether 43 respondent no. 1 has installed the cameras; whether any District Level Committee has been constituted; whether any surprise visit was conducted by the District Level Committee; whether any online/manual ambient air monitoring systems have been installed in crusher zone as per CPCB Guidelines; whether any association of the stone crusher has been formed; whether local authorities have been associated with stone crusher association for the construction of metalled road in the entire stone crusher zone; and whether any audit of the purchase of raw material and sale of produced material has been conducted for ruling out any illegal mining.
51. In affidavit dated 11.01.2026 respondent no. 1-stone crusher has admitted that cameras have not been installed by respondent no. 1-stone crusher and no audit was conducted regarding purchase of raw material and sale of produced material by the respondent no. 1-stone crusher.
52. Respondent no. 1 is directed (i) to ensure that CCTV/PTZ cameras are installed at the entrance and all corners of the premises of the unit covering entire area with minimum of 30 days data storage; (ii) to ensure that online/manual ambient air monitoring system is installed/updated as per the UPPCB/CPCB guidelines; and
(iii) to ensure that green belt is developed strictly as per the consent conditions imposed by UPPCB and guidelines issued by Uttar Pradesh Government and CPCB.
53. One peculiar feature which we have noticed in the inspection reports submitted by UPPCB before this Tribunal is that by and large inspections were carried out by UPPCB on days when the concerned industry or plant was not operational. Whether it is sheer coincidence or whether it is prior information which causes the industry/plant to be non-operational on the 44 day of inspection is the question which needs to be answered by UPPCB.
We also fail to understand as to why such inspections cannot be conducted on dates on which such industry or plant is operational unless closure of the industry or plant is for a very long period of time. In written submissions dated 17.01.2026 respondent no. 1 has mentioned that out of five inspections conducted by UPPCB on 08.02.2024, 05.11.2024, 21.03.2025, 18.08.2025 and 17.10.2025, four inspections were conducted on dates 05.11.2024, 21.03.2025, 18.08.2025 and 17.10.2025 on which dates respondent no. 1-stone crusher was non-operational. We find it difficult to understand how the complete efficacy of air pollution control devices and compliance status of working of respondent no. 1-stone crusher could be looked into during the period when respondent no. 1- stone crusher was closed/non-operational.
54. The Member Secretary, UPPCB is directed to look into the matter and issue appropriate instructions to all the Regional Officers of UPPCB in the State of Uttar Pradesh that by and large inspections of the industry or plant be conducted on a day when the same is operational so that efficacy of pollution control devices and proper working of the industry or plant can be assessed and in all the cases where industry or plant is found to be closed/non-operational on the day of inspection, inspection may be conducted again when the industry or plant is open/operational except in cases where the project proponent has permanently or temporarily closed the industry or plant or closure order has been issued by UPPCB.
55. We are at loss to understand the reason why and how the officers of the UPPCB, who are expected to perform as per statutory mandates, environmental norms and CTE/CTO conditions, repeatedly fail to look into 45 all relevant aspects and fail to ensure requisite compliance with the same by the concerned project proponents. The requirements under environmental laws/norms and Guidelines are mandatory and cannot be waived or relaxed by Regional Officers of UPPCB who have to ensure due compliance with the same by the concerned project proponents.
56. We are of the view that there is an urgent requirement of sensitization of the officers of UPPCB for mission mode committed working for protection and improvement of environment by imparting requisite initial training at the time of recruitment and periodical training by way of refresher courses.
57. The Member Secretary, UPPCB is directed to place the matter before the Board for taking appropriate action for ensuring sensitization of the officers of UPPCB by way of initial training at the time of recruitment and periodical training by way of refresher courses.
58. The Member Secretary, UPPCB is directed to file action taken report in this regard within six months.
59. The Member Secretary, UPPCB is directed to issue appropriate instructions to all the Regional Officers of UPPCB in the State of Uttar Pradesh to ensure that all relevant aspects as required by the relevant statutory provisions, environmental norms, CPCB and UPPCB Guidelines and CTE/CTO conditions are looked into by all the concerned Regional Officers of UPPCB in the State of Uttar Pradesh at the time of inspection for verifying the factual position with respect to the compliance by the concerned project proponents and also to ensure that inspection reports are prepared by covering all 46 such relevant aspects and in case of non-compliance time bound orders are issued with specific timelines for ensuring due compliance with the same besides taking appropriate action for past violations by directing prosecution or imposing environmental compensation or ordering closure as the case may be.
60. The Member Secretary, UPPCB is directed to file action taken report in this regard within six months.
61. The Member Secretary, UPPCB is also directed to direct all concerned Regional Officers of UPPCB in the State of Uttar Pradesh to compile the information with respect to all stone crushers in the State of Uttar Pradesh, particularly, with respect to the aspects of the year of establishment, compliance of siting criteria, obtaining of CTE/CTO from PCB and compliance status with respect to relevant statutory mandates, environmental norms and CTE/CTO conditions and to upload the information so complied on its website with clear remarks regarding permissibility of operation of the stone crusher. The information as directed above may be uploaded on the website of UPPCB within three months.
62. The Member Secretary, UPPCB is directed to file action taken report in this regard within four months.
63. The Director, Geology and Mining, Uttar Pradesh is directed to issue appropriate instructions to all the concerned District Mining Officers in the State of Uttar Pradesh for ensuring that periodical audit is conducted in entire State of Uttar Pradesh regarding purchase of raw material and sale of produced material by the stone crushers 47 and also for ensuring that in case of violation appropriate action is taken on the basis of such audit report in accordance with law.
64. The Director, Geology and Mining, Uttar Pradesh is directed to file action taken report in this regard within six months.
65. Admittedly in the present case, amount of environmental compensation has been deposited by respondent no. 1 with UPPCB. UPPCB has prepared action plan regarding utilization of environmental compensation deposited by respondent no. 1 which is yet to be finalized.
66. UPPCB is directed to prepare and implement, with due approval of the concerned authorities, action plan regarding utilization of environmental compensation deposited with it for afforestation and/or construction of road in the vicinity of or in area surrounding the stone crushing unit of respondent no. 1.
67. The Member Secretary, UPPCB is directed to file action taken report in this regard within six months.
68. UPPCB Guidelines require development of greenbelt in 33% of the stone crusher and CPCB Guidelines require development of greenbelt in two-three rows of tall trees around the periphery of the stone crusher. Generally, condition regarding development of green belt within six months from the grant of CTE is also imposed in CTE by UPPCB. However, despite stone crushers operating with profit for number of years, the aspect of development of green belt is neglected by the project proponents and illegally waived/relaxed by the Regional Officers of the UPPCB.
69. UPPCB is directed to ensure that requisite measures are taken and green belts are developed within six months from grant of CTE 48 by the project proponents in compliance with CTE condition in consultation with the local forest officers by plantation of two-three rows of species suitable for the area and also to ensure that specific finding is recorded by the concerned Regional Officers of the UPPCB in the State of Uttar Pradesh at the time of grant of CTO about development of green belt by the project proponent and grant of CTO needs to be considered only on satisfaction regarding taking of substantial measures for development of green belt by the project proponents so that the question of air pollution can be appropriately addressed. The Regional Officers of UPPCB may take requisite assistance from the Divisional Forest Officer regarding the aspect of development of green belt.
70. The Member Secretary, UPPCB is directed to file action taken report in this regard within six months.
71. In affidavit dated 29.03.2025 UPPCB had mentioned regarding status of metalled road/concrete road that during inspection it was found that along approach road of 500 meters from unit, thick layer of dust was found so establishment of metalled/concrete road along 500 meter could not be verified but after 500 meter, approach road of approx. 1.5 KM stretch road constructed was found metallic/concrete road. CPCB guidelines require local authorities to associate with stone crusher associations for the construction of metalled road in the entire crusher zone.
72. UPPCB is directed to take appropriate action for ensuring association, cooperation and coordination between the local authorities and stone crusher association for the construction of 49 metalled road in the entire crusher zone. Requisite assistance may be taken by UPPCB from the PWD officer in the District regarding the aspect of construction of metalled road in the crusher zone.
73. The Member Secretary, UPPCB is directed to file action taken report in this regard within six months.
74. We have noted from the inspection reports of stone crusher filed before this Tribunal that the concerned Regional Officers of UPPCB do not mention the source of water supply for sprinkling of water in the stone crusher and status of compliance regarding obtaining requisite permission from the Groundwater Authority and in case of supply through tanker obtaining of requisite NoC from concerned authority and CTO from UPPCB by the tanker operator.
75. The Member Secretary, UPPCB is directed to look into the matter and issue appropriate instructions to all the Regional Officers of UPPCB to give specific observations in their inspection reports with respect to these aspects and also to file action taken report in this regard within six months.
76. Accordingly, the present original application is disposed of with directions as mentioned above.
77. Reports as directed above may be filed within the specified period before Learned Registrar General of the Principal Bench of this Tribunal, who shall be bound to place the matter before the Bench in case of non- receipt of the report within the specified period and also in case on receipt of such report, further orders are considered to be necessary on due 50 consideration of the report submitted before him in compliance of this Judgment.
78. Before parting with the case, it may be observed that learned Counsel for respondent no. 1 has expressed willingness and commitment of respondent no. 1 to comply with the CPCB/UPPCB Guidelines, environmental laws/norms applicable and directions of this Tribunal and has also assured that requisite action will be taken by respondent no. 1 for ensuring protection and improvement of environment.
79. We appreciate the contribution made by learned Counsel for respondent no. 1 by expression of such commitment of respondent no. 1, befitting in the context of non-adversarial litigation/adjudication of substantial environmental issues which goes a long way in discharge of constitutional obligation for protection and improvement of environment.
80. A copy of this order may be sent by email to the applicant for information and to the Director, Geology and Mining, Uttar Pradesh and the Member Secretary, UPPCB for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM January 29th, 2026 Original Application No. 447/2024 ag 51