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Judgment
This appeal has been preferred against order of the Appellate Authority under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, Haryana dated 6.1.2022, setting aside the order of the State PCB dated 6.8.2021, cancelling the consent to establish granted in favour of Respondent No. 4, M/s Deva Stone Crusher, Village Berundla, Tehsil Nangal Chaudhary, District Mahendragarh, Haryana, project proponent (PP), for establishing a stone crusher.
Grievance of the appellant is that the stone crusher is within 0.8 KM from Phirni of Village Jhagdawat Mukundpura, as against the requirement of maintaining distance of 1.00 KM. The State PCB thus righty set aside the consent. The Appellate Authority has allowed the appeal on the ground that there is no village in the name of Jhagdawat Mukundpura in Tehsil Nangal Chaudhary. The said ‘Jhagdawat Mukundpura’ is a Dhani (habitation), not attracting the bar in terms of notification dated 11.05.2016.
We have heard learned Counsel for the Appellant. It is undisputed that the place in question is not a ‘village’ as such, as per Punjab Land Revenue Act, 1887. However, it is stated that the object of distance being protection of the inhabitants from adverse impact of such stone crusher, the notification should be read pragmatically to include any house or habitation.
While strictly speaking the view taken by the Appellate Authority that the siting criteria is not violated cannot be faulted, argument of the appellant can also not be brushed aside altogether. Notification may need clarification by the Environment Department of the State and pending such decision, grant of consent must take into account impact of a project on surroundings, even when siting criteria is met. The appellant will be at liberty to represent his view point on this issue to the State PCB, including his reliance on recommendations of an Expert Committee appointed by this Tribunal. He is also at liberty to represent to the Environment Department to clarify the position.
The appeal is disposed of.
All pending IAs will also stand disposed of.
Since it is not considered necessary to issue notice to the respondents before passing of the above order, if they are aggrieved, they will be at liberty to move this Tribunal.
A copy of this order be sent to the respondents by email.