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Judgment
The applicants- Mr. Hemant Kumar and others have sent a letter petition dated 09.01.2025 by post to this Tribunal, which has been treated and registered as Original Application (O.A.) No. 197/2025 for exercise of suo moto jurisdiction in view of law laid down by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors., (2022) 13 SCC 401.
The applicants have raised grievances regarding operation of M/s Maa Vaishno Stone Crusher in violation of environmental laws/norms. The relevant part of the letter petition enumerating grievances of the applicants is reproduced as follows:-
'विषय: अवैध स्टोन क्रशर की गतिविधियों के संबंध में शिकायत X X X X
हम ग्राम पंचायत सलानी कटोला, तहसील नाहन, जिला सिरमौर, हिमाचल प्रदेश, ग्राम महोलिया जामनवाला के सभी ग्रामवासियों की तरफ से मैं हेमंत कुमार पुत्र श्री इंदर सिंह, गाँव जामन वाला, डाकघर सैनवाला, तहसील नाहन, जिला सिरमौर, हि० प्र. क्षेत्र में स्थित अवैध स्टोन क्रशर की गतिविधियों के संबंध में शिकायत करना चाहता हूँ। M/S Maa Vaishno Stone Crusher ग्राम पंचायत सलानी कटोला, ग्राम मेहलियों के खड़ पर स्थित है। यह स्टोन क्रशर पर्यावरणीय नियमों का उल्लंघन कर रहा है और क्षेत्र के निवासियों को परेशान कर रहा है। महोदय स्टोन क्रशर कि अवैध गतिविधियों के कारण, पर्यावरण प्रदूषण हो रहा है जिसमें ध्वनि प्रदूषण से लेकर वायु और जल प्रदूषण निरंतर बढ़ रहा है। महोदय क्रशर की अवैध गतिविधियाँ दिन प्रतिदिन बढ़ रही हैं, जिसमें उपरोक्त क्रशर सरकारी वन भूमि और ग्रामवासियों की नीजि भूमि को भी नुकसान पहुंचा रहा है। जिसमें अधिकांश अनुसूचित जाति जनजाति वर्ग से संबंधित है। महोदय क्रशर के कारण अनुसूचित जाति और जनजाति वर्ग से संबंधित लोगों की 250 बीघा के करीब जमीन जिस पर कुहल के माध्यम से सिंचाई की जाती थी अब पानी का स्तर और नदी के गहरे होने के कारण वो बंजर होने की कगार पर पर है। महोदय लोगों को इस स्टोन क्रेशर की वजह से न केवल सरकारी भूमि और नीजि भूमि का नुकसान हो रहा है बल्कि लोगों को गंभीर बिमारियों का भी सामना करना पड़ रहा है। महोदय स्टोन क्रेशर की गतिविधियों के संबंध में स्थानीय जिला प्रशासन और खनन विभाग में कई शिकायतें दर्ज की हैं, लेकिन विभाग ने अभी तक कोई कार्रवाई अमल में नहीं लाई है। इसलिए, हम समस्त ग्रामवासी आपसे अनुरोध करते हैं कि इस मामले की जांच करें और आवश्यक कार्रवाई करें। ताकि क्षेत्र वासियों की भूमि के रक्षा की जा सके और भविष्य में किसी बड़ी प्राकृतिक आपदा से बचा जा सके। इस पत्र के साथ स्टोन क्रेशर की गतिविधियों के संबंध में कुछ दस्तावेज और फोटोग्राफ संलग्न किए हैं।
English translation made by the Registry of this Tribunal of the relevant part of the O.A. quoted above reads as under:-
"Subject: Complaint regarding activities of illegal stone crusher. X X X On behalf of all the villagers of Gram Panchayat Salani Katola, Tehsil Nahan, District Sirmaur, Himachal Pradesh, village Maholia Jamanwala, I Hemant Kumar son of Shri Inder Singh, village Jaman Wala, Post Office Sainwala, Tehsil Nahan, District Sirmaur, H.P. want to complain about the activities of illegal stone crusher located here. M/S Maa Vaishno Stone Crusher is located at khadd of Gram Panchayat Salani Katola, Village Mehli. This stone crusher is violating environmental regulations and harassing the residents of the area. Sir, illegal activities of stone crusher are causing environmental pollution due to which noise pollution, air and water pollution are increasing continuously. Sir, illegal activities of crusher are increasing day by day whereby the above crusher is also harming government forest land and private land of villagers. Most of the villagers belong to the Scheduled Castes and Scheduled Tribes. Sir, due to crusher, about 250 bighas land of people belonging to Scheduled Castes and Scheduled Tribes, which was irrigated through Kuhl, is now on the verge of becoming barren due to the water level and the river's deepening. Sir, people are not only losing government land and personal land due to this stone crusher, but people also have to face serious diseases. Sir, many complaints have been made to the local district administration and mining department regarding the activities of stone crusher, but the department has not taken any action in the matter so far. Therefore, we all villagers request you to investigate the matter and take further action. So that the land of the residents of the area can be protected and any major natural calamity can be avoided in future. Some documents and photographs have been attached with this letter regarding the activities of the stone crusher."
Since the averments made in the O.A. raised substantial environmental questions arising out of implementation of the enactments specified in First Schedule to the National Green Tribunal Act, 2010, this Tribunal considered it appropriate to seek replies/response from State of Himachal Pradesh through District Magistrate, Sirmaur; Himachal Pradesh Pollution Control Board (HPPCB) through its Member Secretary; Director, Department of Industries, Government of Himachal Pradesh; and Project Proponent-M/s Maa Vaishno Stone Crusher located at Gram Panchayat Salani Katola, Village Mehli and vide order dated 13.05.2025 this Tribunal impleaded them as respondents no. 1 to 4 and ordered issuance of notices to them requiring filing of their replies/responses at least three days before the date of hearing fixed.
By the above said order this Tribunal also constituted a Joint Committee comprising of the representatives of Member Secretary, Central Pollution Control Board, Member Secretary, Himachal Pradesh Pollution Control Board, Director, Department of Industries, Government of Himachal Pradesh and District Magistrate, Sirmaur with direction to visit the spot after giving notice to the Project Proponent, look into the grievances after joining the applicant and representative of the Project Proponent, verify the factual position, suggest appropriate remedial action and submit its report within six weeks.
In compliance thereof, report dated 01.07.2025 of the Joint Committee was filed by the Regional Officer, HPSPCB Paonta Sahib. The relevant part of the report reads as under:-
"Progress Report of the Joint Committee in compliance to the Hon'ble NGT order dated 13.05.2025 in O.A No. 197/2025 titled as Hemant Kumar V/s State of HP and ors. X X X
2.2. Progress Report of the Joint Committee:
2.2.1. Legal and Operational Status of the Stone Crusher and Mining at the time of inspection:
i.The distance between crusher and mining lease area is approximately 600 meters.
ii.The unit has obtained mining lease which is valid upto 03.04.2027 (Annexure-5). The unit has obtained Environment clearance (Copy of letter enclosed as Annexure-6). The unit has obtained permanent registration (PMT) for stone crusher which is valid upto 23.03.2026 (Annexure-7). The consent issued by HPPCB vide No. CTO/BOTH/RENEW/RO/2023/9980757 Dated 14.07.2023 for manufacturing of Sand, Stone and Bajri @39971 MT/Year is valid upto 22.08.2027 (Annexure-8).
iii.The stone crusher was not in operation at the time of inspection. It was informed by the representative of the stone crusher that the stone crusher was not in operation due to a mechanical breakdown and limited availability of raw material.
iv.However, the quantum of Product clearly indicated that Stone Crusher is being operated regularly. (Photograph no-1) This was also evident from the production record shared by the Unit.
2.2.2. Interaction with the representatives/ Complainants and grievances shared with the Joint
Committee:
The Joint committee was directed by the Hon'ble NGT to look into the grievances of after joining the applicant and representative of the Project Proponent. The Joint Committee visited the site alongwith representatives of the complainant and the project proponent. The following grievances were shared by the representatives of the complainant and also shown to the Joint Committee.
1.The drying up of the water source/kuhl caused by the lowering of the river's water level is impacting irrigation in the nearby villages.
ii.Mining has led to erosion of the riverbanks, posing a potential threat to the land and nearby structures.
ii.Potholes formed due to mining activities are obstructing the river crossing, making it unsafe and difficult for school children and villagers to reach the school and nearby villages respectively.
2.2.3. Verification of the factual position regarding grievances shared with the Joint Committee:
The Salani Khad is a non-perennial Khad. During the visit, it was observed that the water level at the source was low, also there was no water downstream of M/s Maa Vaishno Stone Crusher at the time of inspection. The surface water disappears upstream of the Stone crusher unit and resurfaces about 700 meters down stream. The unit has provided a large rain water harvesting tank which is used for sprinkling. Also the borewell which has been provided has approved extraction capacity of 10000 liters per day from the Ground Water Board. The following observations were made by the Joint Committee at the time of inspection with regard to grievances shared by the representatives of the stone crushers:
i)A kuhl was observed next to the mining site, situated at a higher elevation compared to the water level in Salani Khurd. The kuhl was found to be dry. However, the Joint Committee was unable to determine if the drying of the kuhl was caused by mining activities over a period of time. The Joint Committee will deliberate on this issue further and submit findings in the final report.
ii) As per conditions of the mining lease granted to the Unit, "The lessee shall confine its mining activities towards the central portion of the river and should always maintain a safe distance from the banks. The applicant, however, should take all preventive measures to prevent the river banks from erosion as well as any adverse effect on private property existing in the form of private land as well as objects of public utility existing adjoining to the banks of the river. The lessee shall be solely responsible for any damage or compensation in lieu of the same." During physical inspection, it was observed that at some places mining has been done adjacent to the banks of the river. The Joint Committee will further examine this on receipt of demarcation report from the concerned department and suggest remedial measure including making the provisions of create walls along the banks of the river.
iii) The Joint Committee observed potholes in the river affecting the passage for crossing the river. As per conditions of EC/Mining, "The Project Proponent will ensure that no potholes shall be created by the mining activities". The Joint Committee will further examine and suggest remedial measure including providing all weather bridge over the rivulet for crossing of the villagers.
iv) As per conditions of the Environmental Clerance granted to the Unit for mining, "The project proponent, before the start of mining operations shall install CCTV Camera on the mining site covering all angles of the mining site including entry and exist points. These cameras shall be theft and tamper proof. Where electricity power is not available, solar energy-based cameras shall be installed with the adequate battery backups. Date wise video records w.r.t CCTV camera shall be hosted and stored online and online portal link shall be shared with the office of Director-cum-member Secretary, HPSEIAA". However, the Joint Committee didn't observe any such arrangement made at site. The Joint Committee shall also approach Director-cum-member Secretary, HPSEIAA, to obtain further details of the Videos, in this regard, to examine the grievances and suggest remedial measures.
2.2.4. Compliance of Environmental Guidelines of Stone Crushers by M/s Maa Vaishno Stone Crusher, as
observed by the Joint Committee.
i)Central Pollution Control Board (CPCB) has issued Environmental Guidelines for stone crushers, to prevent/suppress fugitive dust emissions from their operation. These guidelines also include regulatory/monitoring mechanism for stone crushing units. A Format/Check list for SPCBs/PCCs before issuance of CTE/CTO, is also specified in these guidelines, to ensure CTO is issued by respective SPCBs after compliance of measures listed in the checklist by stone crushers;
ii) Government of Himachal Pradesh, Department of Science, Technology & Environment has issued Notification No. STE-E-(5)-9/2018 dated 29/06/2021 after reassessing the various parameters notified for setting up of Stone Crusher Units in Himachal Pradesh considering the recommendations of the Expert Committee in the NGT Matter of OA No. Expert Committee constituted by the Hon'ble National Green Tribunal in the matter of O.A. No. 358 of 2016, titled as Bhag Singh vs. Union of India & Ors. concerning to setting up of Stone Crusher Units close to the water bodies and orders dated 10.07.2019, based on views and recommendations submitted by said Hon'ble National Green Tribunal Expert Committee in its report submitted to the Hon'ble National Green Tribunal on dated 19.06.2019. This notification also includes the similar pollution control measures as listed in CPCB Guidelines. Further, it includes additional measures to be taken by the stone crushers in the state of Himachal Pradesh.
iii) Environmental Clearance issued to Mining leases issued to Stone Crushers in Himachal Pradesh, also specifies various conditions with regard to air pollution control measures to be complied with, by the stone crushers.
The factual position with regard to environmental guidelines including dust suppression system installed and pollution control measures taken by M/s Maa Vaishno Stone Crusher, as observed by the Joint Committee is summarized in Table 1.
Table 1: Compliance of Environmental Guidelines of Stone Crushers by M/s Maa Vaishno Stone Crusher, as observed by the Joint Committee.
Sr. No. Fugitive emission source Locations. Check list/ requirement for compliance of conditions of Environmental guidelines. Current Status of the stone crusher as on dated 18.06.2025 as observed by the joint committee. (Photographs attached as Annexure- 9) 1 Unloading area of raw material, primary crusher, Screener, conveyors belts and transfer points Water sprinklers installed with adequate designed nozzle. Complying. The unit has Installed water sprinklers. (Photograph attached as Photograph No-2) 2 Primary crushers, Secondary crushers, Screeners and tertiary crushers. GI/MS sheets on top and at least three sides completely from the ground level Partially Complying. The unit has covered one crusher with shed. A part of same was observed to be damaged and needed to be repaired. (Photograph as Photograph No-3) 3 Secondary, Tertiary crushers and Screens Dry extraction cum bag filter followed by cyclone Not Complying. The representative of the Stone Crusher informed that the procurement of same has been initiated. The purchase order shared by the unit is enclosed as Annexure-10). 4 Covering of Conveyor belts from node to node with a thick sheet of suitable material Covering of Conveyor belts. Complying Unit has covered all conveyor belts. (Photograph as Photograph No-4) 5 At discharge points Flexible Telescopic chute from top of discharge point to the ground level Not complying. (Photograph as Photograph No-5) 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 Partially Complying. The Unit has not provided wind breaking wall towards one side adjacent to nearby (Photograph no-6) river 7 Roads Metalled/concrete roads within the premises. Ramps and the entire ground area inside the premises should also be metalled Not Complying. Photograph No-7) 8 Suppression of dust within the premises Arrangement of rotating water sprinkling system/fogger/Ant i-smog gun in the premises to suppress dust within the premises to control dust emission re suspension Not Complying. The approach road leading to stone crusher are not also not paved. 9 Green belt Plantation of 2-3 rows of tall trees around the periphery of crusher Partially Complying. The unit has carried out plantation in one row on two sides (Photograph as Photograph No 8). However, no plantation has been carried out by the Unit on the side adjacent to the river. (Photograph no -9) 10 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 Not complying 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 Partially Complying. The Unit has provided CCTV Camera but this doesn't cover the entire area. The CCTV Camera installed by the Unit is without 30 days storage capacity. 13 Spray Nozzle system The water mists spray Nozzle system shall be interlocked with the stone crusher unit main energy supply and water supply. The unit is required to provide additional spray nozzle system to control dust emission. 14 Ground water usage The crusher unit using GW shall register their GW abstraction structure with the GW authority under HP GS regulation and control of development and management ) Act, 2005 Bore well is installed (Photograph No- 10). Copy of the Permission granted by Ground Water authority is attached herewith. 15 Washing plant. Sedimentation tank In case of the effluent form sedimentation tank shall be treated and the usable raw material such as silt ,soil shall be reuse in field, road construction, brick making etc. Waste water is generated from pre washing of raw material. The unit has constructed 2 Nos of sedimentation/settling chambers. Further water from the sedimentation tank is reused in the washing process. (Photograph as Photograph No-11) However, it was observed that: 1. The Unit has stored silt adjacent to the river, which may find its way into the river during forthcoming rainy season (Photograph no-12) 2. Silt was observed in the adjacent river, which may have been intentionally discharged or due to accidental run-off (Photograph no - 13) 3. Submission of the Joint Committee:
It is humbly submitted that:
i.Joint committee has collected water samples of upstream of mining lease area and downstream of mining lease area and the results are awaited from the Regional Laboratory of HPSPCB.
ii.The Joint Committee was informed by HPPCB Member on 27/06/2025 that show cause notice has been issued to the unit vide letter no 1223 dated: 23.06.2025 w.r.t non compliances observed and further to submit compliance report. Copy is of directions issued is attached herewith as Annexure-11. The Joint Committee was also informed by the HPPCB Member on 27/06/2025 that in compliance to the directions issued the unit submitted action taken/compliance report. Copy of same is enclosed as Annexure-12. However, the Joint Committee is yet to verify the compliance within 03 days, as claimed by the project proponent.
iii.A letter was written to The Divisional Forest Officer (DFO), Nahan, District Sirmour, Himachal Pradesh and The District Revenue Officer (DRO), Nahan, District Sirmour, Himachal Pradesh regarding measurement of Land Area of M/s Maa Vaishno Stone Crusher along with Mining Lease Area to verify any encroachment on government forest land and private land belonging to the local villagers by the Stone crusher unit as alleged by the complainant, the copy of same is enclosed as Annexure-13. Necessary directions have been issued to the concerned Tehsildar to carry out demarcation and verify the encroachment on govt land if any. Since the demarcation process is expected to take time and due to peak monsoon season underway the report of demarcation and violation if any shall be verified and reported to the Hon'ble NGT subsequently. Further no reply has been submitted by the concerned DFO. The Joint Committee shall submit the further report on receipt of information from the concerned agencies.
iv.Since the stone crusher was not operational at the time of inspection, therefore Air Quality monitoring and source monitoring w.r.t emissions could not be carried out. It is submitted that ambient air quality and noise levels be monitored once the rainy season has passed and the crusher is in full operation.
v.As the mining operations are suspended in the monsoon months (01 July to 15 Sep) in the State of HP therefore it is prayed that time may be granted to the committee to revisit the site to re inspect the unit and carry out the monitoring when the Stone Crusher is operational on full capacity.”
(emphasis added)
Pursuant to service of notice, reply/response dated 01.07.2025 has been filed by the District Magistrate, Sirmaur. The relevant part of the reply/response is reproduced below:-
“REPLY/RESPONSE OF THE RESPONDENT NO. 01 (DISTRICT MAGISTRATE, SRIMAUR, HP, IN TERMS OF
ORDER DATED 13-05-2025 X X X
3.….That report has been obtained from the Sub Divisional Magistrate, Nahan, and the Mining Officer, Sirmaur to averments made in the application. The report has been received from the Sub Divisional Magistrate, Nahan, District Sirmaur on 21-06-2025 (Annexure-B). As per the report, the matter has been enquired through the Tehsildar, Nahan. As per the detailed report received through the Tehsildar, Nahan, it was found after the scrutiny of the documents that there is no land in the name of M/s Maa Vaishno Devi Stone crusher in Mohal Mohaliya, Katola as per the Jamabandi of 2016-17. M/s Maa Vaishno Devi Stone crusher has been granted permission by the Government for mining lease for extraction of sand, stone & Bajri in Mouza Moholiya Katola, Tehsil Nahan, District Sirmaur, in Sabka Khasra previous khasra No. 141/3/2 and present khasra No. 503/141/2 area measuring 46-12 Bigha. At present, crusher has been established in Khasra No. 126/4, 126/1 and 126/9 and its office and shed is constructed in khasra No. in 493/233. According to the present documents, Khasra No. 503/141/2, area measuring 46-12 Bigha, (where permission is granted by the government for mining lease for extraction of sand, stone & Bajri) the owner of the said land ( मुस्त्राका मातलक अरािी) is Sh. Amit, S/o Sh. Subhash (645/1720) and the other part of the said land is registered in the name of Sh. Sumit, S/o Sh. Subhash (1075/1720). The owner of the Khasra No. 126/1, 126/4 is Sh. Vijay Prakash, S/o of Sh. Sher.
5.That, as per the report of the Sub Divisional Magistrate, most of the people belong to the scheduled caste/ Scheduled tribe category in the said area. There are two canals/kuhls are situated near the said crusher. Khasra No. 137 area measuring 00-13-00 Bigha Gair Mumkin Kuhal is registered with lease land Khasra No. 503/141/2 which is damaged due to debris/silt and not in use. The second canal/kuhl (Khasra No. 189 area measuring 00-19-00 Bigha (Gair Mumkin Kuhl) is about five hundred meter away from lease land ie. Khasra No. 503/141/2 along the river. The said kuhl/ canal are also Sirmgur, closed due to filling of debris/ silt which have not been repaired and at the spot both the canals are closed and there is no flow of water. The work of crusher has been going on/is being done in the khasra No. shown above. It has not been found to be carried out in any other private or government land.
6.That, the Mining Officer, Sirmaur has submitted his action taken report (Annexure-C). The report reveals that the stone crusher unit is working within its granted mining lease area as per the provisions of prescribed rules and regulations. The stone crusher unit working under name and style of M/s Maa Vaishno Stone crusher posses all the statutory approvals and clearances required for the operation of the stone crusher unit. There are two kuhls/canals are recorded in the revenue record. However, both the kuhls/canals are non-functional due to non-maintenance of the structures. It was observed during inspection that one kuhl/canal is located along the hill on the right hand side of the mining lease area. The channel of the kuhl/canal is filled with debris of the hill and its structure is also damaged due to non maintenance. Therefore, there is no possibility of damage of the aforementioned kuhl/canal due to the mining activities by the lease holder. The other kuhl/canal is located approx. 500 mtrs downstream to the mining lease area. The channel of this kuhl/canal is also blocked with the debris and it was also found non-functional due to the non-maintenance. Since the kuhl/canal is located approx. 500 mtrs D/s to the mining lease area, there is no probability of damage to the kuhl/canal due to mining activity of the concerned stone crusher unit. As per the report of the Mining Officer, Sirmaur important points related to the averment made in the application is respectfully submitted that:-
I. The stone crusher unit under question i.e. M/s Maa Vaishno Stone Crusher, possess all requisite permissions and a valid mineral concession to carry out mining activities.
II. The stone crusher unit are carrying mining strictly in his granted mining lease area in consonance with the conditions rendered in the approved mining plan and Environment clearance.
III. That nothing arbitrary has been found against the stone crusher unit during the various inspections conducted by the authorities in the recent past.
IV. That the kuhls/canal mentioned in the complaint are non-functional due to the non-maintenance of their respective structures.
V. That no damage has been caused by the stone crusher unit to the nearby government or private Land. It is worth mention here that in most of leased out area, banks of the Salani khad comprise of hard competent rock. There is only a small stretch where additional protection is required in the shape of wire crate structures. The necessary directions have been issued by the mining officer to the lease holder for the same.
7 That in compliance of order dated 13-05-2025 (Para-9), the joint inspection has been conducted by the joint committee members on 18-06-2025 after giving notice to the Project Proponent, ie. Respondent No. 4 (Maa Vaishno Stone Crusher) to verify the factual position, suggest appropriate remedial action. The said joint inspection report has not been received from the Nodal agency i.e. Pollution Control Broad. The joint inspection report will be sent to you soon. That the Report/Response on behalf of the Respondent No. 01 (District Magistrate, District Sirmaur) is submitted before Hon'ble NGT with the request that the report may kindly be taken on record for consideration please.”
(emphasis added)
Vide order dated 02.07.2025 respondent no.4 was directed to supply copy of its response to respondent no. 3-HPPCB and respondent no.3-HPPCB was directed to verify status of such compliance and file its report at least three days before the next date of hearing fixed. By the above said order this Tribunal also directed HPSPCB and the District Magistrate, Sirmaur to take requisite remedial/coercive measures/action in accordance with law for ensuring compliance by the project proponent with EC/consent conditions regarding mining lease and compliance with consent conditions regarding stone crusher and further mining and operation of stone crusher by respondent no. 4 may be allowed subject to such compliance, in view of precautionary principle embodied in Section 20 of the National Green Tribunal Act, 2010.
However, respondent no. 4-M/s. Maa Vaishno Stone Crusher, which appeared before this Tribunal initially through its Counsel, did not appear subsequently through duly authorized representative/ Counsel and did not file any response before this Tribunal.
In compliance of order dated 02.07.2025 response cum report dated 24.09.2025 was filed by respondent no. 2- HPSPCB vide email dated 25.09.2025. Vide order dated 28.10.2025 respondent no. 2-HPSPCB was granted four weeks’ time for filing additional response cum report with all requisite details and drone video regarding compliance by respondent no.4. Additional response cum report dated 06.12.2025 was filed by respondent no. 2- HPSPCB. Vide order dated 10.12.2025 respondent no. 2- HPSPCB was granted two weeks’ time to file additional affidavit giving requisite details regarding compliance with the aspects of 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. In compliance thereof additional report dated 07.01.2026 was filed by HPSPCB. This Tribunal observed in order dated 12.01.2026 that the above said report was materially deficient and on request granted four weeks’ time to HPSPCB for filing additional report.
In compliance thereof report dated 17.02.2026 was filed by respondent no. 2- HPSPCB. The relevant part of the report reads as under:-
“Report of HPSPCB in compliance to order dated 12- 01-2026 passed by Hon'ble NGT in O.A. No. 197/2025
titled Hemant Kumar & ors vs. State of H.P. & ors. X X X
That in compliance of the above-cited directions of Hon'ble NGT, the detailed report of respondent no. 2- HPSPCB is submitted as follows:-
I. Permissions/NOCs for operating the crusher unit:
The respondent crusher unit i.e. M/s Maa Vaishno Stone Crusher, village Salani Katola, Tehsil Nahan, District Sirmaur, H.P. has valid 'Consent to Operate' for manufacturing of Sand, Stone and Bajri @ 39971 MT/Year, which is valid upto 22.08.2027 (Annexure-I), which has been issued to the respondent crusher unit under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981. The respondent crusher unit also has other requisite permissions such as 'Site approval for establishment of stone crusher granted by Joint Inspection Committee headed by Sub Divisional Officer (civil), Permanent Registration (PMT) issued by Department of Industries which were issued prior to the grant of Consent to Operate to the crusher unit by the State Board.
II. Mining Permissions:
As per the Permanent Registration Certificate (PMT) dated 24.03.2023 issued to the crusher unit by the Department of Industries, (Geological Wing) Govt. of H.P, the granted mining lease area comprise of Khasra No. 141/3/2 measuring 46-12 bighas for a term of 15 years w.e.f. 04.04.2012. (Copy of PMT dated 24.03.2023 issued by the Department of Industries, (Geological Wing) Govt. of H.P. is enclosed as Annexure-II).
The respondent unit has been granted Mining lease vide letter dated 23.01.2012, over an area situated in Mauza Mohaliya Katola, Tehsil Nahan, Distt. Sirmaur comprising in Khasra No. 141/3/2, measuring 46-12 Bighas (Private land) for collection/extraction of sand, Stone and Bajri for a period of 15 years or as per the mineral reserves calculated in the Working-cum-Environment Management Plan whichever is earlier. (Copy of Mining Lease dated 23.01.2012 granted by the Department of Industries, Govt. of H.P. is enclosed as Annexure- III).
HPSPCB had written a letter to the District Mining Officer, Sirmaur at Nahan for providing of details about status of source of the mined material used with copies of relevant statements and audit report, if any, audit is conducted vide letter No. PCB/RO/(Pt) O.A. No. 197/2025/4200-02, dated 02.01.2026. (Copy of the Board's letter dated 02.01.2026 to the Mining Officer enclosed as Annexure-IV).
As per the reply letter received from the Mining Officer vide letter No. Udyog (Bhu) Sir/ court case/Hemant Kumar/2025/-1974, dated 05.01.2026, a mining Lease Deed over Khasra No. 141/3/2, measuring 46-12 Bighas (private land), situated at Mauza Mohaliya Katola, Tehsil Nahan, District Sirmaur (H.P.) for a period of 15 years w.e.f. 04.04.2012 has been executed as source of raw material for operating stone crusher unit in the name and style of M/s Maa Vaishno Stone Crusher situated at Village Salani Katola, PO Sain Wala, Tehsil Nahan, District Sirmaur (HP). Further, as per the Environmental Clearance granted in favor of the said unit by the State Environment Impact Assessment Authority (SEIAA), Himachal Pradesh vide letter No. HPSEIAA/2013/196-989 dated 02.03.2023 the approved production capacity of the mining lease area is 39,971 TPA. The reply letter received from the Mining Officer alongwith mining permissions and Environmental Clearance is enclosed as Annexure-V).
III Environmental Guidelines for Pollution Control Measures to be taken by Stone Crushing Units:
i)Central Pollution Control Board (CPCB) has issued "Environmental Guidelines for Stone Crushing Units", July, 2023 to prevent/suppress fugitive dust emissions from the operation of stone crushing units. These guidelines contain a Format/Check list at Annexure-l to ensure CTO is issued by respective SPCBs/PCCs after compliance of measures listed in the checklist by stone crushers.
(Copy of CPCB's Guidelines containing the checklist at Annexure-1, is annexed as Annexure-VI).
ii) Government of Himachal Pradesh, Department of Science, Technology & Environment has issued Notification No. STE-E-(5)-9/2018 dated 29/06/2021 after reassessing the various parameters notified for setting up of Stone Crusher Units in Himachal Pradesh considering the recommendations of the Expert Committee constituted by Hon'ble NGT in O.A. No. 358 of 2016, titled as Bhag Singh vs. Union of India & ors. This notification also includes the similar pollution control measures as listed in CPCB Guidelines.
(Copy of Notification dated 29/06/2021 of the State Government is annexed as Annexure-VII).
IV. Compliance status of environmental guidelines by M/s Maa Vaishno Stone Crusher, village Salani Katola, Tehsil Nahan, District Sirmaur, H.P alongwith photographs is tabulated below:-Table: Compliance status of the respondent crusher unit vis-à-vis environmental guidelines:
Sr. No. Fugitive emissions source Locations. CPCB's Checklist for compliance of environmental guidelines. Compliance Status 1 Unloading area of raw material, primary crusher, Screener, conveyors belts and transfer points Water sprinklers to be installed with adequate designed nozzle. Complying The unit has installed water sprinklers at unloading area of raw material, at primary crusher, at Screener, at conveyor belts and at transfer points. Sr. No. Fugitive emissions source Locations. CPCB's Checklist for compliance of environmental guidelines. Compliance Status 2 Primary crushers, Secondary crushers, Screeners and tertiary crushers. GI/MS sheets on top and at least three sides completely from the ground level. Complying. The unit has provided GI (Galvanized iron) sheets for covering top and at three sides i.e. front, left and right side of stone crusher. Sr. No. Fugitive emissions source Locations. CPCB's Checklist for compliance of environmental guidelines. Compliance Status 3 Secondary, Tertiary crushers and Screens Dry extractioncum bag filter followed by cyclone. Complying. The unit has installed dry extraction cum bag filter followed by cyclone. Sr. No. Fugitive emissions source Locations. CPCB's Checklist for compliance of environmental guidelines. Compliance Status 4 Covering of Conveyor belts from node to node with a thick sheet of suitable material Covering of Conveyor belts. Complying. The unit has covered all conveyor belts from node to node. Sr. No. Fugitive emissions source Locations. CPCB's Checklist for compliance of environmental guidelines. Compliance Status 5 At discharge points Flexible Telescopic chute from top of discharge point to the ground level Complying. Flexible Telescopic chute has been provided.
| Sr. No. | Fugitive emissions source Locations. | CPCB's Checklist for compliance of environmental guidelines. | Compliance Status |
| 6 | Wind breaking wall | As per the Guideline of CPCB, the unit need to provide GI/MS/brick wind breaking wall of 3- ft more than the highest node of the crusher along the periphery of crusher | The unit has provided Galvanized Iron sheet (GI Sheet) Wind Breaking Wall of length 335 Feet and Height 24 Feet on the front side of Stone Crusher. The height of Wind Breaking wall is approx. 3.5 Ft above the highest node of crusher/ Conveyor belt. |
| Sr. No. | Fugitive emissions source Locations. | CPCB's Checklist for compliance of environmental guidelines. | Compliance Status |
|---|---|---|---|
| 7 | Roads | Metalled/concrete roads within the premises. Ramps and the entire ground area inside the premises should also be metalled | The unit has provided interlocking tiles on the ramp and road area. The unit has mettaled the ground area inside the premises. |
| Sr. No. | Fugitive emissions source Locations. | CPCB's Checklist for compliance of environmental guidelines. | Compliance Status |
| 8 | Suppression of dust within the premises | Arrangement of rotating water sprinkling system/fogger/An tismog gun in the premises to suppress dust within the premises to control dust emission re suspension. | Complying. Rotating water sprinkling system in the premises have been installed to suppress dust within the premises to control dust emission. |
| Sr. No. | Fugitive emissions source Locations. | CPCB's Checklist for compliance of environmental guidelines. | Compliance Status |
| 9 | Green belt | Plantation of 2-3 rows of tall trees around the periphery of crusher | 1. The unit has done 2 row tall plantations with 65 numbers of tall Eucalyptus trees on both sides of wind breaking wall. 2. The unit has also done fresh plantations on the back side of the stone crusher. 25 numbers of trees (Sheesham and Ashoka variety) have been planted. 3. The unit has proposed more plantation of native plants at the front side of stone crusher in the upcoming rainy season |
| Sr. No. | Fugitive emissions source Locations. | CPCB's Checklist for compliance of environmental guidelines. | Compliance Status |
|---|---|---|---|
| 10 | 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. | Complying. The unit has provided one Display Board at the entrance. |
| Sr. No. | Fugitive emissions source Locations. | CPCB's Checklist for compliance of environmental guidelines. | Compliance Status |
| 11 | CCTV/PTZ camera | As per the Guideline of CPCB, 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. | Complying. The unit has installed total 11 number of CCTV cameras with 30 days data storage at the Stone Crusher Site covering entrance and all corners of the premises of the unit, covering entire area |
| Sr. No. | Fugitive emissions source Locations. | CPCB's Checklist for compliance of environmental guidelines. | Compliance Status |
| 12 | Spray Nozzle system | The water mists spray Nozzle system shall be interlocked with the stone crusher unit main energy supply and water supply. | Complying. The unit has installed additional 07 nos of spray nozzles. Total nos of spray nozzles= 12 nos. (Photograph No-12) |
| Sr. No. | Fugitive emissions source Locations. | CPCB's Checklist for compliance of environmental guidelines. | Compliance Status |
| 13 | Ground water usage | The crusher unit using GW shall register their GW abstraction structure with the GW authority under HP GS regulation and control of development and management ) Act, 2005 | Complying. Copy of the permit for extraction and augmentation of the ground water source granted by the State Ground Water Authority is annexed as Annexure-VIII. |
| Sr. No. | Fugitive emissions source Locations. | CPCB's Checklist for compliance of environmental guidelines. | Compliance Status |
| 14 | Washing plant. Sedimentation tank | In case of the effluent form sedimentation tank shall be treated and the usable raw material such as silt ,soil shall be reuse in field, road construction , brick making etc. | Complying. The unit has constructed 2 Nos of sedimentation /settling chambers. Further water from the sedimentation tank is reused in the washing process. |
Drone Videography of compliance: Pen Drive containing drone videography of compliance is already submitted before Hon'ble NGT alongwith report dated 06.12.2025 of HPSPCB.
CCTV cameras installed at the Crusher Site:
The unit has installed total 11 number of CCTV cameras of CP PLUS company with 30 days data storage at the stone crusher site covering the entrance and all comers of the premises of the unit covering the entire area. The officials of the State Board have verified the working of CCTV cameras and all 11 CCTV cameras were found functional. The screenshots of CCTV cameras showing their working status are as follows:-
The Joint Committee had collected water samples from upstream and downstream of the mining lease area as per sample analysis all parameters are within prescribed limits. (Results were submitted with report dated 24.09.2025 of HPSPCB at Annexure-15). The respondent unit has done two row tall plantations (65 numbers of tall Eucalyptus trees) on both sides of wind breaking wall. In addition, the unit has also done fresh plantations of 25 number of trees (Sheesham and Ashoka variety) to increase the green belt. The unit has further proposed more plantations of native plants at the front side of stone crusher in the upcoming rainy season.”
The applicants did not appear personally or through authorized representative/Counsel before this Tribunal and did not file any rejoinder to the reports/responses filed by respondent no. 2-HPSPCB.
Vide order dated 20.02.2026 applicant no.1-Hemant Kumar was joined through telephonic call and on being questioned he had submitted that at present he did not have any grievance with respect to the respondent no.4’s stone crusher.
We have heard submissions made by Mr. Vaibhav Srivastava, learned Additional Advocate General assisted by Mr. Ashish Joshi, Advocate appearing for respondents no. 1 and 2 and we have gone through the material on record.
Hon'ble High Court of Himachal Pradesh vide its order dated 01.06.2012 passed in CWP No. 7949/2011 titled as Desh Raj V/s State of HP and others and CWP No. 7951/2011 titled as Yog Raj V/s State of H.P and others respectively directed the State Government to consider the existing guidelines for setting up of Stone Crushing Units in Himachal Pradesh, afresh and in pursuance of the same the Department of Environment, Science & Technology issued the notification no. STE-E (3)-17/2012 dated 29.05.2014. Thereafter, in view of the recommendations of the Expert Committee constituted by this Tribunal in O.A. No. 358 of 2016 titled as Bhag Singh vs. Union of India and Ors. concerning the setting up of Stone Crusher Units close to the water bodies and order dated 10.07.2019 Government of Himachal Pradesh reassessed the various parameters notified for setting up of Stone Crusher Units in Himachal Pradesh and keeping in view advancement in technologies and modernization of devices for controlling pollution for stone crusher industry and in exercise of the powers conferred by the Section 5 of the Environment (Protection) Act, 1986, and in pursuance of the provisions of Section 7 of the said Act, and Rule 4 of the Environment (Protection), Rules, 1986 and directions in above mentioned cases issued the guidelines/directions vide Notification no. STE-E-(5)-9/2018 dated 29.06.2021 in suppression of Notification no. STE-E-(3)-17/2012 dated 29.05.2014 for all Stone Crusher Units so as to exercise greater control and vigil over the stone crushing operations to save the environment and ecology of the State.
The relevant part of the above said Guidelines/Directions reads as under:-
“1. Site Suitability:-
1.1 Norms:
Taking into consideration the hill topography, availability of less land and requirement to maintain the fragile ecology of the hills, the units shall be set up keeping in view the following criteria, namely:-
Sr. No. Criteria Distance norms for existing stone crushers (crow flight, distance in meters) set up prior to year 2004 Distance norms for existing stone crushers (crow flight, distance in meters) set up after year 2004 to May, 2014 Distance for the stone (crow flight, distance in meters) as per Notification dated 29.05.2014 Proposed distance for the Stone crushers to be set up in future, (crow flight, distance in meters) from the issuance of the Notification Dated 29-06-2021 1 2 3 4 5 6 1 Minimum distance from National Highway. 50 (Horizontal distance) 150 150 150 2 Minimum distance from State Highway 50 150 100 100 3 Minimum distance from link road (PMGSY, NABARD/Worl d Bank sponsored/oth er District-roads) - 75 50 50 (condition will not be applicable to other roads except as specified in col. (2)) 4 Minimum distance from District headquarters (distance to he measured from the outer of the municipal limit of the District Headquarters) 1500 1500 1500 1500 (may be read as 300 meters in col. (3) as per amendment vide notification no. STE-E(4)-1/2003-1 dated 25-04-2006) 5 Minimum distance from town or Notified Area Committee (distance 10 be measured from the outer of the municipal limit/Nagar Nigam/Nagar Palika/Nagar Panchayat 1500 1500 1000 1000 (may be read as 300 meters in col. (3) as per amendment vide notification No. STE-E(4)-1/ 2003-1 dated 25-04-2006) 6 Minimum distance from village abadi-deh 250 500 500 500 7 Minimum distance from Hospital & Educational Institutions 300 (Horizontal distance) 1000 1000 1000 8 a. Minimum distance from spring, canal, functional water supply scheme including its reservoir b. Minimum distance from a percolation well, sewerage treatment plant. water infiltration galleries. 100 --- ------ 100 (excluding spring, canal)
100
100 (excluding spring, canal)
100
9 Minimum distance from lakes, wetlands and reservoir of irrigation scheme, hydro power projects 500 500 500 500 10 Minimum distance from natural water spring 500 500 100 (as at Sr. No. 8 (a) 100 (as at Sr. No. 8 (a) 11 Minimum distance from notified parks --- 2000 2000 2000 12 Minimum distance from sanctuaries --- 1000 1000 1000 13 Minimum distance from bridge sight --- 200 upstream 300 downstream 200 upstream 300 downstream 200 upstream 300 downstream 14 Minimum distance from the canal and perennial rivulets (100 for canal) --- 100 100 Note: Keeping in view the representations received from Stone Crusher Owners, Associations from time to time w.r.t. interpretation of above applicability of parameters committee felt imperative to clarify that
1.The recommendations are prospective in nature and shall be imposed from date of notification for future.
2.Similarly, applicability of the earlier notifications issued on dated 29.04.2003, 10.09.2004, 25-04-2006 and 29.05.2014, are also of prospective e.g. the regulatory authorities must take note that the stone crushers set up prior to 29-04-2003 will be governed by the parameters of col. (3).
1.2 Notes:
1.2.1All distances shall be measured as crow flies from the highest node of the crusher conveyor belt to the outer periphery of the revenue unit or the municipal limits or the periphery of the feature concerned.
1.2.2In the guidelines distances are relaxable in the case of any natural barrier between the site of the Unit and any of the features indicated in the guidelines Natural barrier may be defined as "any natural physical entity except any kind of River/Khad/Natural Stream/Tree Canopy which obstructs the physical view and/or prevents the movement of Air and Noise so as to keep Air and Noise Pollution within prescribed limits".
The Government may relax the guidelines for a limited period in specific cases wherein setting up of stone crushing unit is necessary in public interest but it is not practically feasible to adhere to any or all of the guidelines, provided that such relaxation will be considered only on the recommendation of the Joint Inspection Committee as proposed in Para 1.3.2.
1.2.3In case of Shimla Town the sitting norms shall be as per the directions of the Hon'ble High Court of Himachal Pradesh dated 26.07.1993 in CWP No. 51 of 199 titled as "Court on its own motion versus State of Himachal Pradesh & Others".
1.3 Joint Inspection Committee for site appraisal:
1.3.1The Unit shall apply obtain "Provisional Registration" from the Department of Industries for obtaining pre-production clearances from other Government Departments.
1.3.2The site for setting up the Unit shall be appraised and approved by the Joint Inspection Committee consisting of the following:--
1.Sub-Divisional Officer(Civil) concerned Chairman
2.Divisional Forest Officer or his representative Member
3.Representative of HP State Pollution Control Board Member
4.Executive Engineer, HPPWD or his representative Member
5.Executive Engineer, Jal Shakti Vibhag or his representative Member
6.Representative of Department of Tourism Member
7.Surveyor Member
8.Soil Conservation Expert from Agriculture Department equivalent or above Sub Divisional Soil Conservation Officer Member
9.Geologist or Mining Officer Member Secretary
1.3.3The Committee constituted in Para 1.3.2 is in supersession of the Industries Department Notification No. Udyog I (Chh) 4-1/85-II dated 26.04.1993, 24.12.1998 and STE-E(3)5/20014 dated 29.05.2014. The approval of the Committee shall be the basis for issue of clearance and approval including those of the Himachal Pradesh State Electricity Board Ltd., Himachal Pradesh State Pollution Control Board and permanent registration with the Department of Industries.
2. Emission Norms and Pollution Control Measures:
2.1.1 Standards:-
2.1.2The suspended particulate matter measured between 3 meters and 10 meters from any process equipment of a unit shall not exceed 600 micrograms per cubic meter
2.1.3The suspended particulate matter contribution value at a distance of 40 meters from a controlled isolation as well as from a unit located in a cluster shall be less than 600 mg/Nm3. The measurements are to be conducted at least twice a month for all the 12. months in a year.
2.1.4The noise levels (leq.) shall be maintained within the standards for noise as specified in Schedule -III, of the Environment (Protection) Rules, 1986,
2.2 Pollution Control Measures:
2.2.1Every unit shall provide a wind breaking wall along with suitable enclosure to ensure adequate dust containment.
2.2.2Every Unit shall have a dust suppression system with water spray and sprinkling system.
2.2.3Dust extraction and collection system shall be provided at crusher and transfer points in every Unit.
2.2.4Every Unit shall have adequate water supply along with at least two days water storage facility for running pollution control equipments.
2.2.5Facility for regular cleaning and wetting of the ground shall be provided.
2.2.6Trees of suitable species shall be planted to develop a green belt within and along the boundary of the premises.
2.2.7Every Unit shall have a separate energy meters for pollution control devices wherever the energy is consumed for operating them and record thereof shall be maintained and made available to the Himachal Pradesh State Environment Protection and Pollution Control Board (hereinafter referred to as State Board) whenever demanded.
2.2.8The stone crushing unit shall be provided with acoustic enclosure near jaw sheds and shall be properly designed and approved by the State Pollution Control Board as per Central Pollution Control Board norms to control noise pollution in accordance with the Environment (Protection) Act, 1986,
2.2.9Dust suppression system, water sprinkler used in stone crusher shall be of uniform technology as it was noticed that at different location different kind of sprinkler system were being used which were observed and found to be causing wastage of water and excessive use of water. The mist, spray nozal system being quite efficient in controlling the dust pollution, shall be installed for dust suppression.
2.2.10The wind breaking walls shall be reconstructed scientifically with application of wind rose diagram for the unit ie. towards, the predominant direction of wind and natural profile of the area.
2.2.11The tree plantation shall be verified with comparison to the capacity, time of establishment of the unit, proper monitoring of growth of trees shall be recorded with photo monitoring on annual basis while giving renewal of Consent to Operate etc, linked with date of establishment of the units number of tree plants.
2.2.12The water mists spray nozal system shall be interlocked with stone crushing unit main energy supply and water supply meter
2.3 Further Advancement in pollution control devices for proposed and existing units:
provide dusts skirt at material transfer point. 2.3.1 Stone crushers unit project proponent shall cover all the conveyor belts as well as
2.3.2Stone Crusher unit project proponent shall provide wind breaking L. shape wall of height more than the 3 ft from the highest conveyor belt to reduce noise pollution as well as air borne dust emission pollution due to wind velocity as designed by a qualified engineer.
2.3.3All approach roads and ramps shall be properly paved so that it does not lead to dust pollution.
2.3.4Crusher shall be covered and water sprinkling system shall be provided on crusher to suppress the dust generated due to material handling/loading/ unloading activities.
2.3.5Regular cleaning and wetting of the uncovered area, ground within the premises.
2.3.6Growing of at least three rows canopy of evergreen species to be planted along the periphery of the crushing units to reduce noise as well as fugitive emission/dust pollution.
2.3.7Speed control, low speed means less dust. For vehicles speeds limit 20 Km/h in 1 Km periphery of unit.
2.3.8Housekeeping-clean up spills promptly. Adequate toilet facilities for manpower at stone crushers and mining lease area shall be provided by the stone crusher owners.
2.3.9All the stone crushers shall have to construct a RCC/ concrete stone masonry wall on valley side wherever applicable to ensure that the downstrean water sources etc. are not affected.
2.4 Parameters in the context of changing weather conditions in the face of Climate Change- Mitigation
of impacts thereof:-
2.4.1In order to mitigate the dust emission pollution impacts in surrounding areas of stone crushing units, the readjustment in setting up of conveyor belts, crushing units, screening units may be done by taking into consideration the GLC (Ground Level Concentration) values of SPM (Suspended Particulate Matter) PM2.5. The scenario of dispersion of RSPM 2.5/ 10 at ground level is important for risk assessment and mitigation. The monitoring of these parameters shall be undertaken on yearly basis and the proof of monitoring with geo-tagged photographs.
2.4.2In case the GLC, wind rose assessment shall be done for all the stone crushing unit and readjustment shall be made in sitting the crushing units, the risks of dust pollution will be mitigated significantly by rebuilding the wind breaking walls.
2.4.3Install rain water harvesting tanks of adequate capacity based on potential with rain water use system.
2.4.4Registration of Stone Crusher Units with Ground Water Authority in case ground water is to be extracted.
2.4.5The rainwater harvesting, tree plantation shall be essential mandatory for the stone crushing units in the State to mitigate the climate change impacts.
2.4.6The stone crusher with the capacity 100000 tones per year shall install air quality measuring sensors e.g. purpleair.com and this shall be monitored by the HP State Pollution Control Board on real time basis.
*The proposed conditions/norms should be applicable retrospectively for all existing stone crushers of capacity> 10,000 MT/ annum.
2.5. Impact of Stone Crusher Units location on the hydrological, soil & water conservation, environment
aspects such as air, water, flora and fauna.
2.5.1In case of stone crusher units with washing plants, the sedimentation tanks commensurate to the plant's capacity needs shall be built immediately so that effluents are not drained in the open directly which ultimately feeds the river.
2.5.2In that case, the effluents from sedimentation tank shall be treated and the usable raw material such as silt, soil shall be reused in field, road construction, brick making ete,
2.5.3Provisions for proper drainage scheme for evacuation of storm water needs shall be in place
2.5.4The crusher units using ground water shall register their ground water abstraction structures with the State Ground Water Authority under the H.P. Ground Water (Regulation & Control of Development and Management) Act, 2005. The process is online at emerginghimachal.gov.in.
2.5.5Those crushers using surface water from rivers, khads, nallahs shall get the requisite permission from the concerned Executive Engineer of Jal Shakti Vibhag.
2.5.6The regular water sprinkling in and around the stone crushing units is of utmost relevance to minimize the dust pollution impact on flora through rain water harvesting shall be done.
2.5.7The effective water sprinklers shall be installed at crushing units to suppress the dust generated at the crushing unit.
2.5.8Dumping of waste material in river water source shall be completely prohibited.
2.6. Washing units-waste water treatment:
2.6.1Washing unit Stone crushers shall construct adequate no. of earthen de silting chambers followed by a Cement concrete (Pucca) storage tank of adequate capacity from where the wash water shall be re-circulated back in the washing activities lifted through a sludge pump. The size of tanks to be decided based on capacity of unit.
2.6.2The stone crusher units having washing plants shall construct sedimentation tanks as per the plant capacity based on following calculations:
a)For washing units regular water supply is required which needs to be regulated through Ground Water Board/ Jal Shakti Vibhag concerned through meeting and registration.
b)100 CFT washing of sand leads to 1250 lt. water is required ie. about 1100 lt. waste water is generated from production of sand.
e.g. A washing unit of a Stone Crusher with capacity of 24h/second water supply takes 30 minutes to produce 400 CFT sand which means about:
= 21/2 inch x 30" x 60" = 1800 X 2 1/2 inch = 4500-5000 ltrs. of water is required for production of 400 CFT sand.
Every washing unit is required to built waste water de-silting chamber of rational capacity i.e. for example, if the capacity of unit is
~ 𝟏𝟎 𝑻𝒓𝒖𝒄𝒌 𝒑𝒆𝒓 𝒅𝒂𝒚 = waste water chamber of minimum 25,000 Its. of at least half of the expected waste water quantity in one go shall be provided.
~ 20 Truck per day = Minimum of 50,000 lts. of at least half of the expected waste water quantity in one go shall be provided.
The water would be 100% recycled and there would be zero liquid discharge. Verification of waste water silting chamber and recycling would be a mandatory condition for Consent to Establish & Renewal of Consent to Operate.
3 Procedure for establishment and operation to be followed by the State Board:
3.1.1The State Board shall issue conditional "Consent to Establish" to the unit only after the Joint Inspection Committee has recommended the case and the unit agrees to fulfill the Pollution Control measures given in para-2.1 and 2.2.
3.1.2The State Board shall issue "Consent to Operate" only if the unit has taken measure to comply with the conditions given in the "Consent to Establish".
3.1.3Every unit shall get monitoring for Air and Noise conducted regularly and submit the reports to the State Pollution Control Board.
3.1.4The State Board shall be the Authority to ensure the compliance of the Pollution Control measures given on these guidelines/directions and shall do the necessary monitoring of the unit as per schedule of monitoring approved by the State Board/Department of Science & Technology, Himachal Pradesh, Shimla.
3.1.5Every unit shall follow any other direction(s) issued by the State Government from time to time.
4. Latest technologies advancement and availability of modern machinery and equipments for setting up
of stone crusher units:
Keeping in view the technological advancements, availability of modern machinery and equipment, in the state following technologies shall be specifically linked with capacity of the plant in following manner:-
Sr. No. Capacity of Stone Crushing Unit Technology Covered shed 1 Up to 20000 Tons/year Conventional stone crusher technologies, jaw crushing with or without screening rolling screening Yes 2 >20,000 to 1,00,000 Tones/year Jaw crushing with wetting of raw material at hoper with water spray nozal of ½ inch per second capacity. To cover conveyor belts as well with nozal sprayer on conveyor belts acoustic ends. 3 >1,00,000 tones / year and above Jaw plus Cone crushing unit with Screener with wetting of raw material at hoper with water spray nozal of ½ inch per second capacity. Closed loop system to cover conveyor belts with acoustic enclosures. Nozals sprayer on conveyor belts. The amendments in the notification shall be subject to any other order passed by Hon'ble High Court in CMP No. 8459 of 2019 of CWP No. 2067 of 2019 State of Himachal Pradesh & ors. Petitioners/applicants versus Bhag Singh & others. CWP No. 4342 of 2019 M/s Jai Mateshwari Stone Crusher Petitioner/ applicant versus State of Himachal Pradesh & ors.”
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 material for storage raw • Water sprinkling with adequately designed nozzle which produce tiny droplets of water should be provided during raw materials unloading. Unloading of material into hopper raw • Three sides and top should be covered and one side may be kept open for vehicular movement. • Water sprinklers should be provided on approach roads. Primary Crushing/ Jaw Crusher • 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. • 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. 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 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.”
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.
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.
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. No. | Fugitive Emission Source Locations | Checklist for compliance of conditions of Environmental guidelines | Yes/No |
|---|---|---|---|
| 1. | Unloading area of raw material primary crusher, Screener, conveyors belts and transfer points | Water sprinklers installed with adequate designed nozzles (Upload photo/videos). | |
| 2. | Primary crushers, Secondary crushers, Screeners and tertiary crushers | Enclosures by GI/MS sheets on top and at least three sides completely from the ground level (Upload photo/videos). | |
| 3. | Secondary. Tertiary crushers and Screener | Dry extraction cum bag filter followed by cyclone. (Upload photo). | |
| 4. | Covering of Conveyor belts from node to node with a thick sheet of suitable material | Covering of Conveyor belts (Upload photo). | |
| 4 | At discharge points | Flexible Telescopic chute from top of discharge point to the ground level (Upload photo). | |
| 5 | GI/MS/brick wind breaking wall of 3-ft more than the highest node of the crusher along the periphery of crusher | Wind breaking wall (Upload photo) | |
| 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 within the premises | Arrangement of rotating water sprinkling system/fogger/Anti-smog gun in the 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 | |
It may be observed that the Guidelines issued by Himachal Pradesh Government and CPCB have been issued in exercise of statutory powers conferred on them and are binding on all concerned authorities/concerned officers and project proponents in the State of Himachal Pradesh.
In O.A. No. 457/2024 titled as Sampurna Nand Vs. M/s. Ashirwad Stone and others, this Tribunal in its order dated 29.01.2026 enlisted the aspects to be looked into by the Regional Officers/concerned Officers of UPPCB at the time of inspection of the stone crusher units keeping in view CPCB/UPPCB Guidelines.
At the time of inspection of the stone crusher units the Regional Officers/concerned Officers of HPSPCB must look into such aspects with suitable modification in view of CPCB/Himachal Pradesh Government Guidelines.
In O.A. No. 599/2025 Netar Singh vs. State of Himachal Pradesh and others this Tribunal has already issued directions to the Director, Mining and Geology, Government of H.P. and the Member Secretary, HPSPCB for verification of compliance status of all stone crushers in the State of Himachal Pradesh and also regarding periodical inspection of stone crushers by HPSPCB which need to be duly complied with with respect to respondent no. 4-M/s. Maa Vaishno Stone Crusher also.
In the present case the Joint Committee had mentioned in detail about non-compliances/partial compliances by respondent no.4 with H.P. Government/CPCB Guidelines. The relevant part of the Joint Committee report dated has been referred to/reproduced hereinabove and is not referred to/reproduced here for sake of brevity and to avoid repetition. In compliance with orders passed by this Tribunal respondent no. 2-HPSPCB had filed reports dated regarding compliance by respondent no.4 with H.P. Government/CPCB Guidelines and in view of deficiencies additional report 17.02.2026 was filed by respondent no. 2-HPSPCB. The relevant part of the Joint Committee report dated has been referred to/reproduced hereinabove and is not referred to/reproduced here for sake of brevity and to avoid repetition. In report dated 17.02.2026 respondent no. 2-HPSPCB has mentioned in detail about regarding compliance by respondent no.4 with H.P. Government/CPCB Guidelines and the observations are supported by photographs and also drone video.
However, there are some grievances of the applicants/environmental issues which require appropriate remediation.
Repair of damaged canals/kuhls
In the present case the applicants raised the grievances that about 250 bighas land of the villagers, which was irrigated through Kuhl, was on the verge of becoming barren due to the adverse impact of mining and stone crusher on the water level.
In its report the Joint Committee mentioned that a kuhl was observed next to the mining site, situated at a higher elevation compared to the water level in Salani Khurd. The kuhl was found to be dry. The Joint Committee was unable to determine if the drying of the kuhl was caused by mining activities over a period of time and submitted that the Joint Committee will deliberate on this issue further and submit findings in the final report. However, the Joint Committee did not submit any further report if the drying of the kuhl was caused by mining activities over a period of time and did not suggest any remedial measures.
In his reply dated 01.07.2025, the District Magistrate Sirmaur has mentioned that there are two kuhls/canals which are recorded in the revenue record. However, both the kuhls/canals are non-functional due to non-maintenance of the structures. It was observed during inspection that one kuhl/canal is located along the hill on the right hand side of the mining lease area. The channel of the kuhl/canal is filled with debris of the hill and its structure is also damaged due to non maintenance. The other kuhl/canal is located approx. 500 mtrs downstream to the mining lease area. The channel of this kuhl/canal is also blocked with the debris and it was also found non-functional due to the non-maintenance.
In his reply dated 01.07.2025, the District Magistrate, Sirmaur has mentioned that there is no possibility of damage of the aforementioned kuhls/canals due to the mining activities by the lease holder and the kuhls/canal mentioned in the complaint are non-functional due to the non-maintenance of their respective structures. However, the District Magistrate, Sirmaur has not looked into the aspects of the same being source of irrigation to the nearby land and requirement of carrying out remedial measures for repair of the same.
Respondent no. 1-State of H.P. through the District Magistrate, Sirmaur is directed to take necessary action through HPPWD for restoration of the kuhls/canal in accordance with prescribed standards within four months at the cost to be borne by the State or respondent no. 4 out of Corporate Social Responsibility/Environment Management Plan Funds and to file compliance report in this regard on or before 31.12.2026.
Additional protection of wire crate structures and all weather bridge over the rivulet
In its report the Joint Committee mentioned that during physical inspection, it was observed that at some places mining has been done adjacent to the banks of the river. The Joint Committee will further examine this on receipt of demarcation report from the concerned department and suggest remedial measure including making the provisions of crate walls along the banks of the river.
In its report the Joint Committee also mentioned that the Joint Committee observed potholes in the river affecting the passage for crossing the river. The Joint Committee will further examine and suggest remedial measure including providing all weather bridge over the rivulet for crossing of the villagers.
However, the Joint Committee did not submit any further report regarding adverse mining on river banks and potholes created and did not suggest remedial measures including making the provisions of crate walls along the banks of the river and providing all weather bridge over the rivulet for crossing of the villagers.
In his reply the District Magistrate, Sirmaur has mentioned that that no damage has been caused by the stone crusher unit to the nearby government or private land and that in most of leased out area, banks of the Salani khurd comprise of hard competent rock and that there is only a small stretch where additional protection is required in the shape of wire crate structures. In his reply the District Magistrate, Sirmaur has mentioned that the necessary directions had been issued by the mining officer to the lease holder for the same but the District Magistrate, Sirmaur has not submitted any further reply/report regarding compliance with the direction.
Respondent no. 1-State of H.P. through the District Magistrate, Sirmaur is directed to take necessary action through HPPWD for additional protection through wire crate structures in the stretch where such additional protection is required and to take remedial measures regarding potholes created and to construct all weather bridge over the rivulet for crossing of the villagers as may be required within four months at the cost to be borne by the State or respondent no. 4 out of Corporate Social Responsibility/Environment Management Plan Funds and to file compliance report in this regard on or before 31.12.2026.
Improvement of Greenbelt
The Joint Committee had observed in its report that the unit has carried out plantation in one row on two sides. However, no plantation has been carried out by the Unit on the side adjacent to the river.
In its report dated 17.02.2026 HPSPCB has mentioned that the respondent unit has done two row tall plantations (65 numbers of tall Eucalyptus trees) on both sides of wind breaking wall. In addition, the unit has also done fresh plantations of 25 number of trees (Sheesham and Ashoka variety) to increase the green belt. The unit has further proposed more plantations of native plants at the front side of stone crusher in the upcoming rainy season.
Respondent no.4-M/s. Maa Vaishno Stone Crusher is directed to carry out improvement of green belt around the stone crusher as per prescribed guidelines in consultation with the Divisional Forest Officer, Sirmaur and the Divisional Forest Officer, Sirmaur is directed to assist respondent no.4 by providing requisite assistance in compliance of the Guideline issued by CPCB/HPSPCB regarding setting up of green belt in the stone crusher suitable to the topography and respondent no. 2-HPSPCB is directed to verify the compliance and file report in this regard on or before 31.12.2026.
The present original application is disposed of with directions as mentioned above.
Reports as directed above may be filed within the specified period before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who shall be at liberty to list the matter before the Bench for further directions if further orders are considered to be necessary.
Before parting with the case, we acknowledge and appreciate the efforts made by learned AAG for respondent no. 2-HPSPCB and also the commitment on the part of respondent no. 2-HPSPCB, under the guidance of learned AAG, for ensuring compliance with environmental norms/guidelines by respondent no. 4-M/s. Maa Vaishno Stone Crusher which also goes a long way in discharge of constitutional/statutory obligations for protection and improvement of environment.
A copy of this order may be sent to the Chief Secretary, Government of H.P., the Member Secretary, HPSPCB, the District Magistrate, Sirmaur and the Divisional Forest Officer, Sirmaur by email for requisite compliance.
