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Judgment
Grievance in this application is against setting up and operation of Akash Ganga Stone Crusher at Khasra No 27/1, 35M Village Said Mohammadpur Garh Ahatmal, Tehsil Behat, District Saharanpur, UP. According to the applicant, the unit has been set up in violation of siting norms, within the prohibited distance of flood plain zone of river Yamuna and also from the village abadi. The norms relied upon are the guidelines of the UP State PCB, 2010.
Vide order dated 08.04.2022, the Tribunal sought a factual report from a joint Committee of District Magistrate, Saharanpur and State PCB. Report dated 22.07.2022 was considered by the Tribunal on 25.08.2022. According to the said report, the location of the stone crusher was not within the prohibited distance, as alleged. The applicant however raised objections to the report. The Tribunal sought further report from the joint Committee, particularly about the manner of measuring the distance. Notice was also issued to the Project Proponent (PP) for its response in the matter.
Accordingly, the report of the joint Committee has been filed on 27.09.2022 to the effect that the measurement is as per amended guidelines issued on 10.02.2022. Measurement is to be done by the Irrigation Department. As per report of the Irrigation Department dated 16.09.2022, the unit was beyond the laid down distance. The measurement is from the point of high flood line, as per flood level on 18.08.2019. The PP in its response has claimed compliance of the laid down siting norms with reference to the river as well as the village habitation. It is further stated that the units has obtained necessary CTE/CTO from the State PCB which is operative.
We have heard learned counsel for the parties. Learned counsel for the applicant has reiterated his stand that the unit is in prohibited distance due to which earlier a stone crusher was closed. He is however unable to show any previous adjudication in support of the said plea. He further submitted that consent has expired but learned counsel for the State PCB submits that consent has been duly renewed on 08.11.2022. Learned counsel for the applicant sought to dispute the manner of measuring the distance but there is no tangible material in support of such plea.
In view of the above, no further order appears to be necessary. The application is disposed of.