HC directs PCB to submit report on stone crushers, macadam plants causing environmental hazards
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HC directs PCB to submit report on stone crushers, macadam plants causing environmental hazards

Post by on Thursday, June 2, 2022

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Srinagar, June 01: The High Court of Jammu & Kashmir and Ladakh Wednesday directed the Regional Director, J&K Pollution Control Board (PCB) to submit a report regarding stone crushers and the macadam plants which may be causing environmental hazards.
A division bench comprising Chief Justice Pankaj Mithal and Justice Moksha Khajuria Kazmi also imposed a cost of Rs.5000 on the government advocate for failing to furnish a report within stipulated time despite the court directions.
Hearing a Public Interest Litigation (PIL), the bench granted month’s further time to the government counsel for filing the report subject to payment of costs of Rs.5000.
The court listed the matter for hearing on August 12, 2022.
Earlier, the PIL was filed by Noor Mohammad Lone and Ghulam Mohammad Lone through counsel Mir Majid Bashir seeking closure of stone crusher and macadam plant which as per the petitioners is in process of construction illegally without environmental clearance permission (NOCs) as provided under environmental laws.
It was submitted that the private respondent, Bilal Ahmad Bhat of M/S Barkat Road Construction, is raising illegal and unauthorized construction of stone crusher and macadam plant adjacent to the land of petitioners at eco-fragile area at Gurez Bandipora.
It stated that the construction of stone crusher and macadam plant which is against environmental laws has wreaked havoc to the local area due to discharge of hazardous effluents in air and also noise beyond permissible decibels.
"The function of stone crusher and macadam plant has caused disastrous impact upon the ecosystem and soil and vegetation which has turned the adjacent land of petitioner barren," the petition says.
Despite the complaints filed by the petitioners under the provisions of environmental laws (Environmental Protection Act- 1986, Air Prevention and Control of Pollution Act 1981 and Water Prevention Control Act 1974) and also under the provisions of Code of Criminal Procedure, the petition alleges, the official respondents failed to take action against the violator, who is vandalizing the ecology by raising illegal construction of stone crusher thereby floating the laws with impunity without any remorse or respect for environment.
It is alleged in the plea that the construction and operation of stone crusher and macadam plant is made with active convenience of official respondents who despite repeated and regular representations made by petitioners for abatement of nuisance failed to discharge their statutory duties and initiate deterrent action against the violator.
"Such inaction and failure to discharge statutory duties by official respondents has resulted in violation of legal, fundamental and constitutional rights of petitioners envisaged under Article 14 & 21 of the Constitution of India," it stated.
The plea further says that to protect environment, ecology, flora and fauna is a fundamental right of petitioners and official respondents are bound to protect the environment apart from discharging statutory duties under the provisions of environmental laws and other various laws.
The petitioners had sought a direction upon official respondents (Deputy Commissioner, Bandipora, Sub-Divisional Magistrate, Gurez, District Officer, PCB, Bandipora, and Tehsildar, Gurez) to discharge statutory duties.
They also sought a direction upon private respondent to pay compensation (damages) for an amount of one crore in favour of petitioners for causing environmental degradation by invoking Polluter Pay Principal.
The plea also seeks a direction to initiate disciplinary action against erring official respondents for failure to discharge statutory duties and protect the environment from pollution.
 

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