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Judgment
Grievance in this application is against non-construction of requisite protection wall from Simbalkhal to SIIDCUL for protecting flora and fauna of reserved forest of Rajaji National Park and preventing illegal mining and stone crushing close to the said forest causing damage to environment. According to the applicant, direction is required for preventing animal-man conflict and protection of environment.
Vide order dated 04.01.2032, the Tribunal sought a factual report from Director, Rajaji National Park, Director, Mines, Uttarakhand and State PCB.
Accordingly, report of the joint Committee has been filed on 17.03.2023 to the effect that the Sidhbali Stone Crusher has since been closed in view of order of the Uttarakhand High Court dated 02.01.2023 in PIL No. 168/2016, Devender Adhikari v. State of Uttarakhand till it obtains permission from NBWL. No illegal mining was found at the time of inspection. Protection wall is being constructed for the length of 500 mtrs. from Gadhera near the Sigdadi drain by Irrigation Department in the buffer zone of Rajaji Tiger Reserve.
We have heard learned Counsel present and considered the matter. We find that further measures are required and steps taken so far are not adequate to remedy the situation. Wall needs to be constructed to cover the entire stretch of 2 kms to prevent elephant conflict with humans. We note that mining is not currently taking place since stone crusher is not working but it is a matter of common knowledge that if stone crusher is to operate, mining will take place to provide raw material for the same. Director, Rajaji National Park must ensure that mining is not allowed without requisite EC and within prohibited distance from the boundary wall of national park.
Director, Rajaji National Park may submit a status report with regard to above issues to provide status as on August 31, 2023 by September 15, 2023 with the Registrar General, NGT by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If any further direction is found necessary, he may place the matter before the Bench.
Subject to above, the Application is disposed of accordingly.
A copy of this order, along with copy of complaint, be forwarded to Director, Rajaji National Park, Director, Mines, Uttarakhand and State PCB by e-mail for compliance.