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This is CLMA No. 2447 of 2010, moved on behalf of M/s Lanco Hydro Energies (P) Ltd. for their intervention in its Public Interest Litigation.
Learned Counsel for the applicant argued that the applicant is engaged in construction of hydro power project in the State and affected by the interim order dated 16.07.2009, passed by this Court. Learned Counsel for the petitioner and learned Counsel for the respondents have no objection if the intervention application is allowed. Therefore, CLMA No. 2447 of 2010 is allowed. (Impleadment application (CLMA) No. 2446 of 2010 need no further orders and the same is dismissed as infructuous).
Next, we heard learned Counsel for the parties on interim relief application (CLMA) No. 928 of 2010 moved on behalf of the Uttar Bharat Hydro Power (P) Ltd., and interim relief application (CLMA) No. 2445 of 2010 moved on behalf of the Lanco Hydro Energies (P) Ltd. In both these applications the applicants have sought interim relief and modification of the interim order dated 16.07.2009, passed by this Court.
This Public Interest Litigation was filed by the petitioner seeking quashing of the Government Order dated 03.07.2008. A mandamus has also been sought in the writ petition directing respondent Nos. 1 to 6 to close their stone crusher screening plants and pulvlisers running in the human habitation and having proximity to forests. Also, review of Uttarakhand Mineral Policy has been sought to be reviewed in the matter.
On 16.07.2009, this Court passed an interim order directing that no new stone crusher shall be set-up or established in the State of Uttarakhand unless a new comprehensive policy provided enough safeguards is formulated and approved by the court. Thereafter, vide order dated 24.08.2009, this Court constituted an expert Committee comprising of twelve persons to formulate the policy to save the public from health hazards and environment and noise pollution due to the stone crushing activities. Said Committee gave its report on 8.02.2010, in this Court to which petitioner and private respondents have filed the objections. The objections are yet to be disposed of.
Learned Counsel for the interveners/applicants namely Uttar Bharat Hydro Power (P) Ltd., and Lanco Hydro Energies (P) Ltd., submitted before this Court, that they are engaged in the construction of power projects under the agreement with the State. It is further pleaded that they have obtained clearance from the Environment Protection and Pollution Control Board. It is further pointed out that the two applicants have to complete their work as per the agreement within stipulated period, and their stone crushing work is not commercial in nature and meant to feed their own project. It is also submitted on behalf of the applicants that the power Projects are under construction which are away from the towns or the ''abadi'' area. As to the loss to forests, there is already a Clause in the agreement that these applicants would compensate the Government for afforestation.
Having considered submissions of learned Counsel for the aforesaid two applicants and learned Counsel for the petitioners and other respondents we are of the view that interim order dated 16.07.2009, requires modification/clarification. Accordingly, we hereby clarify that the interim order dated 16.07.2009, does not cover the activities of the power projects which are working under the agreement of State Government, with necessary clearance from the Environment Protection and Pollution Control Board and also have the clearance under Forests Conservation Act, 1980 and Environment Protection Act, 1986, provided that they are not doing stone crushing work for the commercial purposes, and using it only for construction of the project assigned to them by the State. We further clarify that this order does not exempt the applicants from the requirement of complying with the provisions of any other law applicable to the projects. Accordingly, the interim relief application (CLMA) No. 928 of 2010 and CLMA No. 2445 of 2010 are disposed of (urgency application No. 1354 of 2010, also stands disposed of).
List this case on 16th of July, 2010, for orders on the objections filed by the petitioners and the respondents against the expert Committee report. Meanwhile it is directed that the copies of the objections, be supplied (if not already supplied) to the Counsel for the respondent No. 3. The respondents who have not filed their counter affidavits may also file their counter affidavits by the next date fixed.